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1

Ackerman, Bruce. "The New Separation of Powers." Harvard Law Review 113, no. 3 (2000): 633. http://dx.doi.org/10.2307/1342286.

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Wise, Charles R., and Trevor L. Brown. "The separation of powers in Ukraine." Communist and Post-Communist Studies 32, no. 1 (1998): 23–44. http://dx.doi.org/10.1016/s0967-067x(98)00020-8.

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This paper examines the passage of a new constitution in Ukraine in order to determine which factors contribute to the establishment of a stable separation of powers system at the national level. We focus on three types of factors: legacies of the past; the structure of institutions at key time periods; and the nature of dynamics between political groups. We find that while all of these factors play some role in the evolving institutional arrangements in Ukraine, negative legacies of the past can be overcome by the decisions of new political groups and the creation of new institutional arrange
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3

Salzberger, Eli, and Stefan Voigt. "Separation of powers: new perspectives and empirical findings—introduction." Constitutional Political Economy 20, no. 3-4 (2009): 197–201. http://dx.doi.org/10.1007/s10602-009-9076-6.

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4

Aris, Ismail. "KEDUDUKAN KPK DALAM SISTEM KETATANEGARAAN DALAM PERSPEKTIF TEORI THE NEW SEPARATION OF POWER (KRITIK ATAS PUTUSAN MAHKAMAH KONSTITUSI No. 36/PUU-XV/2017 dan No. 40/PUU-XV/2017)." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 5, no. 1 (2018): 98. http://dx.doi.org/10.24252/jurisprudentie.v5i2.5433.

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AbstractThe position of corruption eradication commision perspectives of new theory of Separation of powers, in fact in the constitutional system shows the Corruption Eradication Commission as an independent organ and can no longer be seated as an executive body, and is no longer relevant to classify a state institution on 3 (three) branches of power an sich, trias politica. In the above verses can re-run the power and authority of the previous institution on the executive family and diverted into quasi-judicial and quasi-legislative powers. Thus, it is no longer true that the argument that pl
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Pestritto, Ronald J. "THE PROGRESSIVE ORIGINS OF THE ADMINISTRATIVE STATE: WILSON, GOODNOW, AND LANDIS." Social Philosophy and Policy 24, no. 1 (2006): 16–54. http://dx.doi.org/10.1017/s0265052507070021.

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The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics and administration, which was championed by James Landis,
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6

GAILMARD, SEAN. "Building a New Imperial State: The Strategic Foundations of Separation of Powers in America." American Political Science Review 111, no. 4 (2017): 668–85. http://dx.doi.org/10.1017/s0003055417000235.

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Separation of powers existed in the British Empire of North America long before the U.S. Constitution of 1789, yet little is known about the strategic foundations of this institutional choice. In this article, I argue that separation of powers helps an imperial crown mitigate an agency problem with its colonial governor. Governors may extract more rents from colonial settlers than the imperial crown prefers. This lowers the Crown’s rents and inhibits economic development by settlers. Separation of powers within colonies allows settlers to restrain the governor’s rent extraction. If returns to
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7

Trajkovska-Hristovska, Jelena. "The Features of the Modern Concept of Separation of Powers as an Element of Constitutionalism - “The Garden of Eden” or “The Dark Side of the Moon ”?" Khazar Journal of Humanities and Social Sciences 21, no. 2 (2018): 104–18. http://dx.doi.org/10.5782/2223-2621.2018.21.2.104.

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The focus of the contemporary constitutional law and the constitutionalism is the limitation of the government by the means of legal instruments and mechanisms. Therefore, the analysis of the relation between the concept of constitutionalism and the principle of separation of powers has the central position of this paper. The paper elaborates the concept of constitutionalism as an idea and ideology of limited and controlled power. At the same time it has been emphasised that the development of the constitutionalism as a doctrine is possible only with previous analysis of its basic elements. Th
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8

Songer, Donald R. "Judicial Review in State Supreme Courts: A Comparative Study. By Laura Langer. Albany: State University of New York Press, 2002. 192p. $62.50 cloth, $20.95 paper." American Political Science Review 96, no. 4 (2002): 826–27. http://dx.doi.org/10.1017/s0003055402500460.

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Interest in strategic approaches to an understanding of judicial decision making, including the implications of the separation of powers (SOP), has grown dramatically in recent years. Unfortunately, almost all the research on these SOP interactions has been limited to those involving the U.S. Supreme Court. Laura Langer's book provides a refreshing alternative to the exclusive Supreme Court focus by examining the significance of separation of powers concerns for the exercise of judicial review by state supreme courts.
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9

Kosař, David. "Policing Separation of Powers: A New Role for the European Court of Human Rights?" European Constitutional Law Review 8, no. 1 (2012): 33–62. http://dx.doi.org/10.1017/s157401961200003x.

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European Court of Human Rights — Separation of powers — Stafford/Kleyn and A/Kart strands of case-law — Problematic aspects of both strands — Limitations and institutional deficiencies of the Court in this area — Constitutionalisation of and shift in the role of the Court
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10

Johnston, Angus, and Eva Nanopoulos. "THE NEW UK SUPREME COURT, THE SEPARATION OF POWERS AND ANTI-TERRORISM MEASURES." Cambridge Law Journal 69, no. 2 (2010): 217–20. http://dx.doi.org/10.1017/s0008197310000322.

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11

Flynn, Tom. "The New Separation of Powers: A Theory for the Modern State by Eoin Carolan." Modern Law Review 73, no. 3 (2010): 517–22. http://dx.doi.org/10.1111/j.1468-2230.2010.00805-3.x.

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Czarkowska, Małgorzata. "The order to leave the shared accomodation by the person using violence in the family." Praca Socjalna 36, no. 1 (2021): 139–52. http://dx.doi.org/10.5604/01.3001.0014.7780.

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One of the most important elements of effective counteracting domestic violence is ensuring the safety of victims and protecting them from further harm. This is possible mainly by separating the perpetrators from their victims. The large numer of legal instruments of an isolation nature includes also the separation of perpetrators by ordering them to leave the accomodation shared with the person against whom the violence is being used. Due to the insufficient effectiveness of the existing legal instruments, the Act of April 30, 2020 amending the Act – Code of Civil Procedure and certain other
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Zenin, S. S. "The Public Power System in the Russian Federation: New Approaches to Legal Regulation under the Constitutional Reform." Lex Russica, no. 12 (December 16, 2020): 42–53. http://dx.doi.org/10.17803/1729-5920.2020.169.12.042-053.

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The paper is devoted to the examination of the Russian system of public power in the context of the constitutional reform. The aim of the study is to carry out a comprehensive theoretical and legal analysis of the current state of consolidation of the public power system in Russia under constitutional law. The author has examined the regulatory legal acts that mediate the implementation of the constitutional reform in Russia; doctrinal sources and significant foreign experience relevant to the subject matter of the study. Methodologically, the study is based on general philosophical, general s
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14

McCarty, Nolan M. "Presidential Pork: Executive Veto Power and Distributive Politics." American Political Science Review 94, no. 1 (2000): 117–29. http://dx.doi.org/10.2307/2586384.

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It is often argued that executive powers such as the veto serve to reduce particularistic spending by the legislature. I argue that the effect of the executive veto depends strongly on assumptions about both the nature of executive preferences and the institutional structure of executive-legislative bargaining. To support these claims, I develop a model of distributive policymaking subject to an executive veto. This framework incorporates variation in presidential objectives and formal powers into a dynamic bargaining model. In equilibrium, stronger veto power leads to a lower level of distrib
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15

Loveland, Ian. "Schools and guns and commerce: a new balance in the US's geographical separation of powers?" Education and the Law 8, no. 1 (1996): 13–23. http://dx.doi.org/10.1080/0953996960080103.

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16

VAN VEEN, ADRIEJAN. "The Rise of the Unelected: Democracy and the New Separation of Powers - By Frank Vibert." Governance 23, no. 4 (2010): 697–700. http://dx.doi.org/10.1111/j.1468-0491.2010.01505_4.x.

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17

Dunlop, Claire A. "THE RISE OF THE UNELECTED: DEMOCRACY AND THE NEW SEPARATION OF POWERS - by Frank Vibert." Public Administration 86, no. 3 (2008): 878–80. http://dx.doi.org/10.1111/j.1467-9299.2008.00751_12.x.

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18

Smith, James M. "The Rise of the Unelected: Democracy and the New Separation of Powers - By Frank Vibert." Political Psychology 29, no. 2 (2008): 297–300. http://dx.doi.org/10.1111/j.1467-9221.2008.00627.x.

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19

Segal, Jeffrey A. "Separation-of-Powers Games in the Positive Theory of Congress and Courts." American Political Science Review 91, no. 1 (1997): 28–44. http://dx.doi.org/10.2307/2952257.

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The hallmark of the new positive theories of the judiciary is that Supreme Court justices will frequently defer to the preferences of Congress when making decisions, particularly in statutory cases in which it is purportedly easy for Congress to reverse the Court. Alternatively, judicial attitudinalists argue that the institutional structures facing the Court allow the justices to vote their sincere policy preferences. This paper compares these sincere and sophisticated models of voting behavior by Supreme Court justices. Using a variety of tests on the votes of Supreme Court justices in statu
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20

Goradze, George. "Separation of powers according to the new amendments to the constitution of Georgia-problems and prospects." Bratislava Law Review 3, no. 1 (2019): 81–91. http://dx.doi.org/10.46282/blr.2019.3.1.129.

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The article looks at the last amendments to the Constitution of Georgia. By this amendments Georgia moves into parliamentary system. However, there are some questions: Does this system comply with European standards of parliamentary system? How will this system work in Georgia? Is a parliamentary system ideal model for Post-Soviet countries and particularly for Georgia? The article is divided into two parts: The first part looks at the new redaction of the Constitution of Georgia and the new system of governance which will be established by this constitutional changes. By analysis the author c
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21

von Gall, Caroline. "Präsident, Regierung und Staatsrat – Die einfachgesetzliche Umsetzung der russischen Verfassungsreform." osteuropa recht 67, no. 1 (2021): 41–57. http://dx.doi.org/10.5771/0030-6444-2021-1-41.

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The article discusses the 2020 Russian constitutional reform and its implementation by legal amendments to many laws of the Russian Federation. The article focuses on the amendments to the new Law on the State Council and on the changes to the Law on the Government and the relationships of these institutions to the Russian President. The 1993 Russian constitution already gave extensive powers to the Federal President and a strong position within the power structure. The federal laws and jurisprudence of the Constitutional Court in force until 2020 further strengthened the powers of the preside
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22

Desan, Christine A. "Remaking Constitutional Tradition at the Margin of the Empire: The Creation of Legislative Adjudication in Colonial New York." Law and History Review 16, no. 2 (1998): 257–317. http://dx.doi.org/10.2307/744103.

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In 1750, Archibald Kennedy condemned New York's legislators for their radical constitutional innovation. “They take upon themselves to be the sole judges,” he stormed, and “‘insist… that no order for publick money shall issue, till their judgment has been obtained for it.’” Kennedy meant the charge literally. For almost half a century, New York legislators had preserved their power over the purse by determining claims made against the colony for money. In an arrangement sharply at odds with later legal doctrine on the separation of powers, the legislature—not the courts—had since 1706 settled
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23

Landauer, Johann, and Petra Foerst. "Influence of Particle Charge and Size Distribution on Triboelectric Separation—New Evidence Revealed by In Situ Particle Size Measurements." Processes 7, no. 6 (2019): 381. http://dx.doi.org/10.3390/pr7060381.

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Triboelectric charging is a potentially suitable tool for separating fine dry powders, but the charging process is not yet completely understood. Although physical descriptions of triboelectric charging have been proposed, these proposals generally assume the standard conditions of particles and surfaces without considering dispersity. To better understand the influence of particle charge on particle size distribution, we determined the in situ particle size in a protein–starch mixture injected into a separation chamber. The particle size distribution of the mixture was determined near the ele
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24

Rozsnyai, Krisztina F. "Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure." Central European Public Administration Review 17, no. 1 (2019): 7–24. http://dx.doi.org/10.17573/cepar.2019.1.01.

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The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administrat
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25

Kibet, Emmanuel, and Kimberly Wangeci. "Perspective on the Doctrine of the Separation of Powers Based on the Response to Court Orders in Kenya." Strathmore Law Review 1, no. 1 (2016): 220–35. http://dx.doi.org/10.52907/slr.v1i1.90.

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The Constitution of Kenya provides that the sovereign power of the people shall be vested in the executive, the legislature and the judiciary, reflecting the democratic ideal that if power is concentrated in the hands of a few, it is prone to misuse. This provision aims to safeguard against arbitrary and capricious governance and the abuse of power. In the new constitutional order, there has been instances of tensions between the judiciary and the other arms of government. Unfortunate incidents of members of the Legislature referring to court orders as stupid and idiotic with blatant disregard
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26

Garin, V. A., and Yu G. Pisarev. "New-generation air separation units." Chemical and Petroleum Engineering 32, no. 1 (1996): 57–64. http://dx.doi.org/10.1007/bf02411794.

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27

Lawrie, Timothy A. "Interpretation and Authority: Separation of Powers and the Judiciary's Battle for Independence in New Hampshire, 1786-1818." American Journal of Legal History 39, no. 3 (1995): 310. http://dx.doi.org/10.2307/845790.

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28

POPOVA, AKSANA. "PARLIAMENTARISM AS A POLITICAL INSTITUTE OF PUBLIC ADMINISTRATION." Sociopolitical sciences 10, no. 5 (2020): 50–58. http://dx.doi.org/10.33693/2223-0092-2020-10-5-50-58.

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The article examines the issues of parliamentarism, which is a special system of public administration, structurally and functionally based on the principles of separation of powers, the rule of law with the leading role of parliament in order to implement the constitutional consolidation of the sovereignty of the people. At the same time, the principle of separation of powers occupies a central place in matters of public administration. The purpose of the theory of separation of powers is to create an effective mechanism for the functioning of state bodies, to create security of citizens from
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29

Liou, Jeng Luen, and Jen Fin Lin. "A New Method Developed for Fractal Dimension and Topothesy Varying With the Mean Separation of Two Contact Surfaces." Journal of Tribology 128, no. 3 (2006): 515–24. http://dx.doi.org/10.1115/1.2197839.

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Instead of a general consideration of the fractal dimension (D) and the topothesy (G*) as two invariants in the fractal analysis of surface asperities, these two roughness parameters in the present study are varied by changing the mean separation (d*) of two contact surfaces. The relationship between the fractal dimension and the mean separation is found first. By equating the structure functions developed in two different ways, the relationship among the scaling coefficient in the power spectrum function, the fractal dimension, and topothesy of asperity heights can be established. The variati
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Chaile, Roshan. "The Proportionality Principle and the Kable Doctrine: A New Test of Constitutional Invalidity?" Global Journal of Comparative Law 1, no. 2 (2012): 163–93. http://dx.doi.org/10.1163/2211906x-00102002.

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In Kable v Director of Public Prosecutions (NSW) the High Court of Australia declared that the requirements of Chapter III of the Australian Constitution prohibited a State legislature from conferring powers on a State court that were repugnant or incompatible with their status as repositories of federal judicial power. This was a significant constitutional watershed; it had never previously been suggested that the protections contained in Chapter III applied to State courts. Recent applications of Kable, however, have given rise to concerns that the principles to be derived from that case are
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31

Schuck, Peter H. "The Politics of Rapid Legal Change: Immigration Policy in the 1980s." Studies in American Political Development 6, no. 1 (1992): 37–92. http://dx.doi.org/10.1017/s0898588x00000742.

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Conventional wisdom maintains that the enduring structures of American politics make rapid policy change unlikely. This proposition is confirmed by much political science. Our institutions are designed to bridle and domesticate reform impulses, dissipating the constant pressures for new political and social arrangements. The separation of powers establishes numerous veto points, making initiatives of any kind difficult. The political culture's firm commitment to broad participation and due process places a much higher value on consultation than on decisiveness or direction. Special interests t
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32

Gabrielyan, A. V., М. A. Kazaryan, A. G. Martoyan, V. I. Sachkov, and G. A. Martoyan. "LITHIUM ENRICHING BY ISOTOPE 7Li WITH ELECTROMEMBRANE METHOD." Alternative Energy and Ecology (ISJAEE), no. 22-24 (November 5, 2018): 107–18. http://dx.doi.org/10.15518/isjaee.2018.22-24.107-118.

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The need for using isotopes in the nuclear power engineering, medicine, as well as in the sphere of control of engineering and construction facilities is increasing annually. However, the isotope separation methods do not allow to meet the need for production of a significant list of isotopes, including the purity of lithium isotopes. The process of amalgamation to date is the main technology of enrichment of 7Li in practical use. Other methods have very low separation efficiency and are not suitable for mass production. The present work is devoted to a new method for enriching the isotope 7Li
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Das, Saikat, Jie Feng, and Wei Wang. "Covalent Organic Frameworks in Separation." Annual Review of Chemical and Biomolecular Engineering 11, no. 1 (2020): 131–53. http://dx.doi.org/10.1146/annurev-chembioeng-112019-084830.

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In the wake of sustainable development, materials research is going through a green revolution that is putting energy-efficient and environmentally friendly materials and methods in the limelight. In this quest for greener alternatives, covalent organic frameworks (COFs) have emerged as a new generation of designable crystalline porous polymers for a wide array of clean-energy and environmental applications. In this contribution, we categorically review the merits and shortcomings of COF bulk powders, nanosheets, freestanding thin films/membranes, and membranes on porous supports in various se
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34

Komarova, V. V. "Constitutional Reform 2020 in Russia (Selected Issues)." Actual Problems of Russian Law 15, no. 8 (2020): 22–31. http://dx.doi.org/10.17803/1994-1471.2020.117.8.022-031.

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On the basis of the analysis of Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of March 14, 2020, No 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power,” legislation, acts and legal standings of the Constitutional Court of the Russian Federation, as well as the practice of transforming the Constitution of Russia, and Presidential directives, the author investigates some issues concerning the Constitutional Reform 2020 initiated by the Head of the State. The paper examines the issues of the new const
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Ponce, F. A., and M. A. O'Keefe. "Achieving atomic resolution in the Transmission Electron Microscope." Proceedings, annual meeting, Electron Microscopy Society of America 44 (August 1986): 522–25. http://dx.doi.org/10.1017/s0424820100144127.

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In the past few years, the objective of achieving point resolution in the electron microscope comparable to the atomic separation in solids has been reached. The new high and mid-voltage instruments claim resolving powers of better than 0.20 nm, which is less than the nearest-neighbor distance in most solids. It is therefore relevant to consider the meaning of point resolution and the possibilities of achieving it. There are two important areas which are need to be considered: (a) electron optics, and (b) the specimen.
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36

Rumford, Chris. "The Rise of the Unelected: Democracy and the New Separation of Powers. By Frank Vibert. New York: Cambridge University Press, 2007. Pp. vii+199." American Journal of Sociology 114, no. 4 (2009): 1222–24. http://dx.doi.org/10.1086/599147.

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37

Kosar, Kevin R. "Congress’s Constitution: Legislative Authority and the Separation of Powers. By JoshChafetz. New Haven, CT: Yale University Press. 2017. 438 pp." Presidential Studies Quarterly 50, no. 3 (2020): 716–17. http://dx.doi.org/10.1111/psq.12665.

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38

Malleson, K. E. "Modernising the constitution: completing the unfinished business." Legal Studies 24, no. 1-2 (2004): 119–33. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00243.x.

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Constitutional reform in the UK is usually pragmatic and piecemeal. Occasionally, however, comprehensive changes are proposed which are primarily driven by principle. The current proposals for constitutional change are a rare example of this type of reform. The abolition of the office of Lord Chancellor, the creation of a new Supreme Court and a Judicial Appointments Commission make up a package of measures intended to ‘redraw the relationship between the judiciary and the other branches of government’ and put it on a ‘modern footing’ by introducing a much clearer separation of powers between
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Xiao, Li Guang, Gang Liu, Shuo Feng, and Shi Ting Zhang. "Preparation and Properties of a New Polymer-Modified Cement Mortar Containing Iron Tailings Sand." Advanced Materials Research 687 (April 2013): 107–11. http://dx.doi.org/10.4028/www.scientific.net/amr.687.107.

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Iron tailing is a kind of mineral waste from industrial processing and magnetic separation of iron ore, which severely pollute the air, soil property and the source of water. For large scale tailing ponds (dam height >100 m), the accident could cause a substantial damage. Therefore, it is significant to appropriately utilize the tailings. The present paper systematically studies the possibility of complete replacement of quartz sand with the iron tailings in polymer modified cement mortar used in external wall insulation plaster. The effects of redispersible polymer powers, cellulose ether,
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40

Astafichev, Pavel. "Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (2021): 42–53. http://dx.doi.org/10.35750/2071-8284-2021-1-42-53.

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The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freed
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41

Pakaya, Salahudin. "Political Law Regulation of Judicial Institutions in Exercising the Powers of an Independent Judgment: Before and After Amendments to the 1945 Constitution." International Journal Papier Public Review 1, no. 2 (2020): 119–28. http://dx.doi.org/10.47667/ijppr.v1i2.91.

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The Supreme Court is a judicial institution that has existed since the Indonesian state was formed in 1945. This institution was formed based on the mandate of the constitution in article 24 of the 1945 Constitution, namely "judicial power is exercised by a Supreme Court and other judicial bodies according to law". But in fact, in the course of Indonesia's national and state life from its independence in 1945 to 1998, the judicial power exercised by the Supreme Court was not free and independent, both institutionally and independently of its judges. The influence of the executive power held by
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42

Chamon, Merijn. "Agencificationin the United States and Germany and What the EU Might Learn From It." German Law Journal 17, no. 2 (2016): 119–52. http://dx.doi.org/10.1017/s2071832200019714.

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In the European Union the legislature has, in the past years, established an increasing number of agencies, granting them increasingly important powers. This phenomenon of agencification is legally problematic because it does not have a legal basis in the EU Treaties. In order to better understand the challenges posed by EU agencification, this Article looks at similar agencification processes in two other federal-type polities, the U.S. and Germany. Germany is especially relevant to understanding the vertical (federal) dimension to EU agencification, while the U.S. experience can inform us ab
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Sun, Yangchun, and Anqi Xu. "Analysis on “Collusion”: The Possibility of a New Type of Rent-seeking in the Separation System of Education Powers in China." Higher Education Research 4, no. 4 (2019): 61. http://dx.doi.org/10.11648/j.her.20190404.13.

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44

Gerhardt, Michael. "Congress's Constitution: Legislative Authority and the Separation of Powers by JoshChafetz. New Haven, CT, Yale University Press, 2017. 448 pp. $45.00." Political Science Quarterly 133, no. 2 (2018): 389–90. http://dx.doi.org/10.1002/polq.12781.

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45

Zhu, Jing Jing, Qun Qun Huang, Shui Qing Yang, Wei Luo, and Jun Lin. "Recycling of SiC in Crystalline Silicon Cutting Fluid." Advanced Materials Research 622-623 (December 2012): 504–7. http://dx.doi.org/10.4028/www.scientific.net/amr.622-623.504.

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Both merits and demerits of existing recovery techniques of crystalline silicon scrap cutting fluid were analyzed and compared in this paper. In the thesis, a new separation process for separating and recovering SiC in crystalline silicon cutting fluid was presented. The performance index of recycled SiC powder is equal/familiar to the new one, and that can replace the use of new one completely.
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46

Giménez Gluck, David. "El gobierno del poder judicial y la separación de poderes en la nueva constitución británica = Government of the judiciary and separation of powers in the new U.K. Constitution." Teoría y Realidad Constitucional, no. 34 (July 1, 2014): 447. http://dx.doi.org/10.5944/trc.34.2014.14071.

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Este artículo analiza la reforma constitucional promovida en Gran Bretaña en 2005, que cambia la relación del Poder Judicial con el resto de los poderes, a través de la actualización de instituciones históricas como el Lord Chancellor y la Comisión de Apelación de la Cámara de los Lores, que pasa a ser el Tribunal Supremo de Gran Bretaña, y la sustracción al Poder Ejecutivo de algunas funciones de gobierno del Poder Judicial, como los nombramientos judiciales o el régimen disciplinario, que pasa a compartir con agencias independientes.This article analyses the constitutional reform passed in B
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47

Kraynak, Robert P. "Tocqueville's Constitutionalism." American Political Science Review 81, no. 4 (1987): 1175–95. http://dx.doi.org/10.2307/1962584.

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For the ancient philosophers, constitutionalism meant classifying regimes and constructing regimes to form virtuous citizens. In the modern world it generally means checks and balances, institutional mechanisms limiting the power of government and protecting private rights. In Democracy in America Tocqueville attempts to combine both views in his interpretation of the U.S. constitutional system. He employs the regime analysis of ancient constitutionalism to understand the new phenomenon of popular sovereignty and its potential for despotic control over the minds and characters of citizens. At
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48

Christensen, Robert K., Edward R. Rakhimkulov, and Charles R. Wise. "The Ukrainian Orange Revolution brought more than a new president: What kind of democracy will the institutional changes bring?" Communist and Post-Communist Studies 38, no. 2 (2005): 207–30. http://dx.doi.org/10.1016/j.postcomstud.2005.03.006.

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The authors discuss the institutional changes proposed in Ukraine’s constitutional framework and election laws that could fundamentally alter the separation of powers and the responsiveness of Ukrainian government to the electorate. We analyze the proposed institutional changes from the perspective of what they portend for Ukraine’s democratic transition. Building on the most recent vein of democratization studies examining institutional factors affecting democratic stability, we emphasize that it cannot be assumed that Ukraine is ‘‘in transition to democracy.’’ We conclude that comprehending
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TAXMAN, FAYE S., DAVID SOULE, and ADAM GELB. "Graduated Sanctions: Stepping into Accountable Systems and Offenders." Prison Journal 79, no. 2 (1999): 182–204. http://dx.doi.org/10.1177/0032885599079002004.

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Graduated sanctions are being promoted in many new crime control initiatives, such as Breaking the Cycle and Residential Substance Abuse Treatment (RSAT). Like many attractive concepts, graduated sanctions are poorly understood in theory and poorly conceived in practice. This article presents a procedural justice theory for graduated sanctions and the critical components for this model. The legal issues of due process, double jeopardy, and separation of powers are reviewed to illustrate how graduated sanctions serve to protect the constitutional rights of the offender and to deter non-complian
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50

FABBRINI, Federico. "States’ Equality v States’ Power: the Euro-crisis, Inter-state Relations and the Paradox of Domination." Cambridge Yearbook of European Legal Studies 17 (March 3, 2015): 3–35. http://dx.doi.org/10.1017/cel.2014.1.

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AbstractThis article examines how the Euro-crisis and responses to it have affected the horizontal relations of power between the EU Member States. It is argued that, whereas the EU institutional system had been designed since its foundation to strike a balance between state equality and state power, the Euro-crisis and the responses to it have increasingly upset this balance. A dynamic of inter-state domination is evidenced by the intergovernmental modes of governance within the European Council, as well as by the legal reforms in salient areas such as economic assistance, financial stabilisa
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