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1
Schaus, Annemie. "L'exécution des obligations internationales dans l'Etat fédéral." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211768.
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Zorn, Christopher J. W. "U.S. government litigation strategies in the federal appellate courts /." The Ohio State University, 1997. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487947908401578.
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Fiseha, Assefa. "Federalism and the accommodation of diversity in Ethiopia : a comparative study /." Nijmegen : Wolf Legal Publ, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/515209775.pdf.
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Emathe, Francis E. "Somalia Igad's attempt to restore Somalia's transitional federal government." Thesis, Monterey California. Naval Postgraduate School, 2006. http://hdl.handle.net/10945/2503.
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Political solutions have been found for several longstanding conflicts in Africa in 2003 - in the Democratic Republic of the Congo, Liberia and Burundi. The political arrangements in these countries may not necessarily usher in permanent peace and stability, but they at least afford an opportunity to work toward such goals. Unfortunately, this is not the case for Somalia, where anarchy, violence and chaos have prevailed for over 15 years. A national reconciliation conference - the 14th of its kind â sat in Nairobi for two years and finally formed a Transitional Federal Government (TFG) in August, 2004. As usual, the outcome of the conference was not welcomed, either by warlords or later on by Islamic clerics in Somalia. Nonetheless, despite institutional obstacles, the Governmental Authority for Development (IGAD) has continued to press their intention to send peacekeepers to Somalia to reinstall the fragile transitional government against the wishes of the Islamic Courts Council (ICC). This thesis examines the possible strategies that IGAD should consider using in its intended mission of supporting the restoration of the Transitional Inter Governmental Authority for Development (IGAD) has continued to press their intention to send peacekeepers to Somalia to reinstall the fragile transitional government against the wishes of the Islamic Courts Council (ICC). This thesis examines the possible strategies that IGAD should consider using in its intended mission of supporting the restoration of the Transitional Federal Government.
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Telford, Hamish. "Federalism in multinational societies : Switzerland, Canada, and India in comparative perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0016/NQ46433.pdf.
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Lee, Ho-yan, and 李可欣. "Government regulation in the financial services sector: a comparative perspective." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974806.
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DeLoria, Julie Elizabeth. "A Comparative Study of Employee Commitment: Core and Contract Employees in a Federal Agency." Diss., Virginia Tech, 2001. http://hdl.handle.net/10919/29324.
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This study examined commitment levels of two groups of employees: core government employees and contract employees who directly supported the Federal Government. The sample included 85 government employees and 131 contract employees. The research identified each group's level of commitment to various work entities. These included: immediate government office, government organization, employer, and occupation. The focus was on affective commitment, i.e., an employee's emotional attachment to, and desire to maintain membership with, a work entity. A measure was also taken for socialization-related learning.
The purpose was to determine if there were: (1) differing levels of affective commitment among the immediate government office, government organization, the employer, and the occupation within each group, (2) differences in work entity affective commitment levels between the two groups, (3) differences in levels of socialization-related learning between the two groups (4) relationships between socialization-related learning levels and work entity affective commitment levels for each group, (5) differences in work entity affective commitment levels in relation to certain demographic variables, and (6) relationships between certain demographic variables and work entity affective commitment levels for each group.
Findings indicated that both groups of employees did vary in commitment levels to various work entities. Government employees displayed the most commitment to the occupation and least to the immediate office. Contract employees also displayed the most commitment to the occupation but the least to the government organization. Between the two groups, commitment level to the employer differed significantly with contractors displaying a higher level to the employing firm than government employees recorded to the Federal Service. Work entity had a significant effect and a significant employee group-by-work entity interaction was found. Differences in socialization-related learning levels and a relationship between socialization-related learning and work entity affective commitment levels were found for both groups. Several relationships between demographic variables and work entity affective commitment levels were also found for both groups.
Formal and informal interventions and work delegation strategies are recommended for organizations involved in employment relationships involving core and contract employees. Areas for future research are also presented.Ph. D.
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Cote, Nancy C. "Referendums and constitutional amendment in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56167.pdf.
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Kristoferitsch, Hans. "Vom Staatenbund zum Bundesstaat? die Europäische Union im Vergleich mit den USA, Deutschland und der Schweiz /." Wien : Springer, 2007. http://site.ebrary.com/id/10217677.
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SOBRINO, Irene. "Welfare state and federalism : a constitutional viewpoint : the cases of Germany and Spain within the framework of the European Union." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13172.
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Defence date: 4 March 2008Examining Board: Prof. Jacques Ziller, (EUI) ; Prof. Dieter Grimm, (Humboldt University, Berlin) ; Prof. Javier Pérez Royo, (University of Seville) ; Prof. Neil Walker, (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The question of the relation between the aims of current federalism and welfare states has often been portrayed as the idea of two dynamics addressing divergent senses: while federalism would essentially imply centrifugal tendencies, the fulfilment of welfare state postulates would require certain social standardization processes. However, the viewpoint from which this work departs is the constitutional intertwining of both concepts: it sets out to analyze how the welfare state principle and the federal territorial structure are constitutionally interrelated. In particular, the aspect of welfare state that is tackled refers to its fulfilment on a nation-wide basis, which requires focusing on the mechanisms needed to generate certain levels of socio-economic standardization. The main theme of the dissertation is therefore the analysis of the structural elements that embody the territorial scope of solidarity within the context of two politically decentralized countries, Germany and Spain. The dissertation is structured into five chapters. Chapter One, after analysing how the concepts of “welfare state”, “federalism” and their “interrelations” are tackled and explained by the existing literature, outlines an analytical framework for the examination of the territorial translation of welfare state. Chapter Two addresses the constitutional articulation of the search of a basic equality on the whole territory from the perspective of the allocation of social competences – i.e. health care, social assistance and social security and education - both in Germany and in Spain. Chapter Three focuses on some of the “constitutional structures” that are in charge of guaranteeing the basic uniformity of living conditions throughout the territory of each country (e.g. Art. 72 of the German Basic Law and 149.1.1 of the Spanish Constitution). Chapter Four analyses certain mechanisms that articulate the financial territorial redistribution in each system. Chapter Five is devoted to analysing the EU as a new territorial stratum involved in the social sphere regulation interacting with the nationally based welfare state.
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BOLLEYER, Nicole. "Internal government dynamics and the nature of intergovernmental relations : constraints and corridors of organizational adaptation in federal systems." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7039.
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Defence date: 7 May 2007Examining Board: Prof. Tanja A. Börzel (Free University of Berlin) ; Prof. Adrienne Héritier (European University Institute) ; Prof. Peter Mair (European University Institute) ; Prof. Alberta Sbragia (University of Pittsburgh)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Over the past decades, governments have increasingly been confronted with problems that transcend their boundaries. A multitude of policy fields are affected, including environment, trade and security. Responding to the challenges triggered by Europeanization and globalization, governments increasingly interact across different spheres of authority. Both theoretically and empirically, the puzzle of institutional choice reflected by the variety of arrangements in which intergovernmental cooperation takes place inside individual countries and across their borders remains surprisingly under-explored. In an attempt to solve this puzzle, the dissertation tackles the following questions: Why are the intergovernmental arrangements governments set up to deal with boundary-crossing problems so different? To what extent do these institutional differences affect the effectiveness of intergovernmental cooperation? To address this gap theoretically and empirically, this book adopts a deductive, rationalist approach to institution-building. It argues that internal politics, the type of executive-legislative relations within the interacting governments, explains the nature of institutions set up to channel intergovernmental processes: while power-sharing governments engage in institution-building, power-concentrating governments avoid it. It also shows that these institutional choices matter for the output of intergovernmental cooperation. The approach is applied to Canada, Switzerland, the United States, and finally the European Union. Disaggregating individual government units, the theoretical approach reveals how intragovernmental micro-incentives drive macro-dynamics and thereby addresses the neglect of horizontal dynamics in multilevel systems. The willingness and capacity of lower-level governments to solve collective problems on their own and to oppose central encroachment are crucial to understand the power distribution in different systems and their long-term evolutions.
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Almhmoud, Abdullah. "The laws and regulations related to remuneration practices : a comparative and analytical investigation into legal aspects." Thesis, University of Liverpool, 2015. http://livrepository.liverpool.ac.uk/2013939/.
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This research aims to contribute to the analysis of the laws and regulations related to remuneration practices. It is also intends to offer recommendations and solutions to the problem of setting levels and Structures of remuneration in Saudi Arabia, an area which is currently neglected despite its importance. Remuneration is a crucial tool in solving the agency problem between shareholders and managers in public companies where the separation of ownership and control exists by providing incentives. However, in Saudi Arabia this practice shows a tendency towards high fixed remuneration and variable remuneration set without any clear links between this and performance, causing variable remuneration to become another salary. Since inadequate laws and regulation have been found to be at least partially responsible for this state of affairs, solving this problem requires careful analysis of the most important jurisdictions which have developed laws and regulations. Thus, the thesis adopts a comparative legal study of the relevant laws and regulations within a descriptive and analytical framework, presenting a detailed discussion of remuneration regulation in the UK, EU and USA. Moreover, informal discussions have been conducted with individuals in the public sectors of the Saudi Arabian Monetary Agency (SAMA) and the Capital Market Authority (CMA), in order to complement the black letter law analysis of the research, by providing a realistic insight into the nature of the challenges in formulating the policy process in Saudi Arabia. Serious flaws and shortcomings were found in the existing law and regulation regarding remuneration in Saudi Arabia, and recommendations for reform of these are provided.
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Ouma, Steve Odero. "Federalism as a peacemaking device in Sudan's interim national constitution." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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The focus of this study was on the Interim Constitution adopted on 9 July 2005 by Sudan. The significance of the federal principle both as a peacemaking device and a tool of democratisation was considered. The objective of the study was to provide an informed and well-researched estimation of the potential perils and possibilities for success of Sudan's contemporary constitutional arrangement.
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Cunningham, Laura Lynn. "Federal, state, and local government interactions in the administration of wetland protection measures in Virginia." Thesis, Virginia Tech, 1988. http://hdl.handle.net/10919/43838.
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Bradley, Rosemarie Ann. "Evaluating U.S. Federal Marine Protected Areas Programs: A Comparative Analysis and Conceptual Framework." [Yellow Springs, Ohio] : Antioch University, 2008. http://etd.ohiolink.edu/view.cgi?acc_num=antioch1241705173.
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Thesis (Ph. D.)--Antioch University New England, 2008.Title from PDF t.p. (August 7, 2009). "A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy Environmental Studies at Antioch University New England (2008)."--The title page. Advisor: James Jordan, Ph. D. Includes bibliographical references (p. 193-204).
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Fernandes, Jack J. "Sentencing Reform In The Nation’s Juvenile Justice System: A Set of State and Federal Policy Recommendations Following Miller v. Alabama (2012)." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1340.
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This research was focused on analyzing and interpreting the U.S. Supreme Court’s holdings in several cases that directly affect the juvenile justice system and the sentencing process of youth offenders. Drawing primarily from Miller v. Alabama (2012) and the Supreme Court’s ‘Miller doctrine’, this thesis goes against the viewpoints of many policymakers, arguing that life without parole and mandatory adult sentence minimums for youth offenders are ‘cruel and unusual’ punishments that are unconstitutional as sentencing options for a juvenile offender. In order to arrive at the conclusion that the aforementioned punishments violate a youth’s 8th Amendment right to a proportional sentence, this thesis drew from previously unavailable research in modern neuroscience that substantiates the Supreme Court’s claim that “Children are different” on a developmental basis and thus, can never possess the same degree of culpability for a crime as an adult offender.
If one accepts the conclusions made in this thesis, it is a matter only of when, not if, the sentencing process for youth offenders experiences a paradigm shift on a legislative level, and becomes a much more efficient and successful process where rehabilitation becomes the foremost goal. If science and developmental psychology support the Supreme Court’s assertion that nearly all juvenile crime-activity is the result of “transient immaturity,” then why are 16 year olds being sentenced to life without the possibility of parole? This thesis explores the possible answers to this question, and anticipates the possible impediments to national changes in juvenile sentencing procedures.
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Kloeden, Anna Jane. "Government beyond law : exploring charity regulation and spaces of order in China." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:e48b254a-3316-4a0b-a994-c3c6a6b3624a.
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This thesis examines the regulatory landscape relating to private orphanages, both foreign and domestically run, in China, and the formal and informal relationships between such homes and government which structure this space of order. Part A introduces the contextual factors shaping the gradual socialisation and privatisation of charitable activity generally, and the child welfare-specific social, economic and cultural dynamics influencing the emergence of private orphanages. Parts B and C set out the ethnographic findings of field-work examining the practical operations of private orphanages, and a theoretical analysis of the various interactions occurring with government orphanages, and local and central officials. It is shown that the ostensible government monopoly on institutional care of orphans, established in law and policy and consistent with the objective of maintaining tight control over civic organisations and religious-based and foreign-led activities, is belied by a proliferation of private orphanages emerging to address gaps in state welfare provision. This has led to the emergence of a delicate balance between top-down official discourse, rhetoric and law, and bottom-up pragmatic considerations. Further, the prima facie 'missing role' of the state in law, regulation and policy-making is contradicted in practice by evidence of a complexity of highly paternalistic state-orphanage relationships occurring beyond the normative framework of official laws and policies. Such extra-legal state-society interaction is characterised by informal, flexible and paternalistic negotiations with local officials, and mediated by structures of power and capacity. 'Law beyond government' and 'government beyond law' are central features of the multidimensional maintenance of this space of order, and point to several defining points of distinction of law as a cultural notion in the Chinese context, including a marked preoccupation with legitimacy over legality and paternalistic discipline and discretion over impartial adjudication.
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Kamarudin, Zaleha Bt. "A comparative study of divorce among Muslims and non-Muslims in Malaysia with special reference to the Federal Territory of Kuala Lumpur." Thesis, University College London (University of London), 1993. http://discovery.ucl.ac.uk/1317888/.
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The subject of this thesis is a comparison of the law, practice and procedure relating to divorce among Muslims and non-Muslims in Malaysia. This study analyses divorce in the predominantly urban society of the Federal Territory of Kuala Lumpur against the background of changes in the social structure, the family and social norms, with the aim of clarifying of how and why contemporary divorce needs to be rethought and reformed. Structurally, the thesis is divided into three parts. Part 1, consisting of three chapters, is introductory, and covers the historical and legal background necessary for the proper appreciation of the topics discussed later. Part 2 is an analysis of divorce statistics for Muslims and non-Muslims in the Federal Territory of Kuala Lumpur and an identification of factors related to it. The discussion of statistical trends and social influences is placed in a smaller context to permit the statistical information analysed in the present study to be refined at the local level. Part 3, the concluding part, consists of two chapters, and deals with reforms that have taken place in other countries that could serve as models for the reform of divorce laws in Malaysia. Among the areas that are touched are legal reforms to protect women, grounds for divorce under Islamic law and civil law, and also the setting up of family courts and systems of conciliation.
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Gardner, Jocasta. "The public debate about the formulation of the Basic Law of the Federal Republic of Germany, 1948-1949." Thesis, University of Oxford, 2004. http://ora.ox.ac.uk/objects/uuid:22eacfe2-571c-4d8a-a4fa-a13061a47ee4.
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Four years after the end of the National Socialist dictatorship and a disastrous major war, basic rights and democratic government were enshrined in the Basic Law for the Federal Republic of Germany in May 1949. Thus parliamentary democracy was formally and institutionally reintroduced to Western Germany at the Bund level. Successful implantation of democracy, however, requires not only constitutional arrangements but also, and perhaps more importantly, participation on the part of the people in the democratic process. Through analysis of the public involvement in the Basic Law's formulation and the impact of the public debate on the deliberations of the Parliamentary Council between September 1948 and May 1949, the degree of participation of Germans in the three Western zones of occupation, upon which the new West German state could subsequently build, is explored. Initial answers are suggested in chapter II and then developed in subsequent chapters as various contentious topics debated by the Parliamentary Council are examined. Anti-parliamentarianism, the search for a new symbol, newspaper perceptions as a reflection of the reality of interaction between occupier and occupied in the constitution's formulation, and the public debate about the nature and status of the second chamber, about the relationship between God and the Basic Law, and about full equality for women are analysed. The nature and extent of the public debate 1948-1949 make clear that the German population of the Western zones had already begun to think and function in a democratic fashion on the Bund level. This thesis suggests that the creation of an institutional framework, such as the Basic Law, should not be overemphasized at the expense of the developing democratic culture in post-war Western Germany. Without the gradual democratization of the population already well underway when the provisional constitution came into force on 23 May 1949, it is unlikely that the Federal Republic of Germany could have established itself so successfully so quickly.
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Zwingmann, Beke. "Separation of powers the 'German way'? : the relationship of the German Federal Government and Parliament in the EU context." Thesis, Cardiff University, 2016. http://orca.cf.ac.uk/95422/.
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The thesis uses the doctrine of the separation of powers as the conceptual framework to analyse the jurisprudence of the German Federal Constitutional Court on EU matters from its early decisions to the latest cases on the European Stability Mechanism. The court’s decisions have been widely discussed in terms of the impact of European integration on democracy and democratic participation at the national level. The aim of the thesis is to put the court’s jurisprudence into a different context by reading it from the perspective of separation of powers in order to assess the impact of EU integration on the relationship between national institutions, specifically the German Federal government and parliament. The analysis will show that while the decisions on the ESM have overall strengthened the position of the Federal parliament in the particular subject-matter of those cases (budgetary control), this should not necessarily be understood as a re-definition of the relationship between the Federal government and parliament in the context of EU matters as a whole. By using the separation of powers as a framework for analysis, it becomes apparent that while the German constitutional system may seem to have acknowledged the different constitutional nature of the EU, the political institutions as well as the Federal Constitutional Court have yet to draw the necessary consequences for the relationship between the Federal government and parliament at national level: by treating EU matters merely as a ‘special kind’ of foreign affairs, the fundamental alteration of the balance of power between the executive and the legislative caused by European integration has gone unchecked by the German Federal Constitutional Court and has led to constitutional practices which arguably undermine not only the democratic accountability of the actions of the German Federal government but also the concept of separation of powers itself.
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Huniar, Kirstin. "Comparative analysis of the copyright law relating to films between the United Kingdom and the Federal Republic of Germany." Thesis, University of Aberdeen, 2007. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU222005.
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The thesis decscribes the philosophical foundations and the historical developments which led to the current state of law in both countries. It evaluates the substantive provisions of the two laws, its distinct aspects as well as its divergences which are a result of different philosophies underlying each national copyright system. The thesis concentrates on the following areas: definition of film, persons qualifying for authorship, duration of copyright, economic and moral rights, defences and remedies for infringement of film copyright. The impact of digitisation on copyright law and its positive and negative effects are explained. Besides, the thesis devotes itself to digital management systems. The thesis also focuses on film distribution and community policies. It describes the European provisions on free movement of goods and services and on competition law as well as the opposing influence of national copyright law. Relevant case law of the European Court of Justice is evaluated and European programmes for the audiovisual sector are described. Furthermore, international and European law, such as the Berne Convention, the Rental and Lending Right Directive, the Satellite Broadcasting and Cable Retransmission Directive, the Directive Harmonising the Term of Protection, the Information Society Directive and the Enforcement Directive are critically examined. Their influence on and the consequential changes to United Kingdom and German copyright law are analysed while special regard is taken to whether national legal understandings are appropriately appreciated.
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Brühl-Moser, Denise. "Die schweizerische Staatsleitung : im Spannungsfeld von nationaler Konsensfindung, Europäsierung und Internationalisierung ; mit Bezügen zu Belgien, Deutschland, Frankreich, Grossbritannien und Österreich /." Bern : Stämpfli, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/524327785.pdf.
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Höchstetter, Klaus. "Die offene Koordinierung in der EU : Bestandsaufnahme, Probleme und Perspektiven /." Baden-Baden : Nomos, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015435109&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Varaška, Mantas. "The problem of term limits of the head of state in various forms of government: comparative aspect." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120328_105219-95780.
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The Dissertation covers the aspect of term limits of head of state and its links with the principles of national sovereignty, separation of powers and supremacy of the constitution in various forms of state government.
The analysis of the concept of powers and term limits of head of state, put into the context of development of the global legal thought, uncovers progress in the scientific understanding of the concept and paves the way to the key arguments of the Paper (the right to establish term limits of authorities lies with the nation (John Locke); the term limit of authority is inversely proportional to the greatness of power (Charles Montesquieu).
The study into the features and dynamics of constitutional regulation of term limits of head of state is based on the analysis of the relevant provisions in over 500 constitutions; as a result, the study establishes the development trends in the definition of term limits enshrined in the said constitutions. Another part of the study looks into the reasons behind the violations of constitutional provisions on term limits of head of state and analyses the dynamics of the said violations in monarchies and republics as forms of government, paying attention to the criterion of greatness of authority of head of state.
On the basis of the present research, the author establishes the effectiveness of direct and inverse application of the rule formulated by Charles Montesquieu (the greatness of power must be compensated by the brevity... [to full text]Disertacijoje atskleistas valstybės vadovo įgaliojimų trukmės aspektas ir jo sąsajos su Tautos suvereniteto, valdžių padalijimo, Konstitucijos viršenybės principais valstybės valdymo formose. Analizuojant valdžios ir valstybės vadovo įgaliojimų trukmės sampratą pasaulio teisinės minties raidoje, nustatytas jos mokslinio suvokimo progresas ir esminiai konstatuojamieji teiginiai (teisė nustatyti valdžios įgaliojimų trukmę priklauso tautai (J. Locke), valdžios įgaliojimų trukmė atvirkščiai proporcinga įgaliojimų dydžiui (Sh. Montesquieu). Tiriant valstybės vadovo įgaliojimų trukmės konstitucinio reguliavimo ypatumus ir dinamiką, išnagrinėtos ir apibendrintos daugiau nei 500 konstitucijų aktualios nuostatos, nustatytos jose užfiksuotų įgaliojimų trukmių apibrėžimų raidos tendencijos. Kitame tyrime nagrinėtos valstybės vadovo įgaliojimų trukmės konstitucinių nuostatų pažeidimų priežastys, dinamika monarchijos bei respublikos valdymo formose, atsižvelgiant į vadovų įgaliojimų apimties kriterijų. Remiantis tyrimų duomenimis, nustatytas Sh. Montesquieu teiginio (kuo valdžios įgaliojimai didesni, tuo trumpiau ji turi valdyti) tiesioginio ir atvirkštinio taikymo efektyvumas. Patvirtinta mokslinio tyrimo prielaida, jog valstybės vadovo įgaliojimų trukmės konstitucinių nuostatų pažeidžiamumas yra proporcingas jo įgaliojimų apimčiai. Šią konstitucinio reguliavimo problemą siūloma spręsti naudojant atvirkštinį Sh.Montesquieu teiginį (kuo valdžios įgaliojimai menkesni, tuo jų trukmė yra... [toliau žr. visą tekstą]
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Harvey, Matthew. "Constituting a Commonwealth for Europe and beyond." Monash University, Faculty of Law, 2003. http://arrow.monash.edu.au/hdl/1959.1/5642.
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Silva, Jucilene Melandre da. "Expansão e financiamento do sistema de ensino superior federal: o caso da Universidade Federal de Juiz de Fora." Universidade Federal de Juiz de Fora (UFJF), 2017. https://repositorio.ufjf.br/jspui/handle/ufjf/5577.
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Este estudo centrou-se em analisar quais foram os reflexos orçamentários e financeiros na Universidade Federal de Juiz de Fora com adoção das políticas expansionistas ocorrida no país a partir de 2003, em especial o Reuni. Para tal buscou-se analisar a execução orçamentária da instituição no período de 2008 a 2016, concebendo indicadores como ferramentas estratégicas nessa análise, os quais terminaram por fazerem parte da proposta do Plano de Ação Educacional. Na realização da pesquisa de corte transversal, estão conjugadas as abordagens qualitativa e quantitativa, oferecendo informações sobre a aplicação dos recursos públicos por parte dessa instituição. O processo de expansão das universidades públicas federais foi estabelecido em normatizações procedentes de determinações centralizadas e estabelecidas com base em pressuposições que contemplavam, por um lado, a racionalização dos espaços físicos e humanos já existentes nas instituições e, por outro, evidenciava a construção de novos espaços físicos, contratação de técnicos e docentes, abertura de novas vagas e matrículas. No entanto, para se fazer reformas e expansões são necessários aportes financeiros. Porém, os recursos públicos são limitados e escassos. Por isso, sua utilização não pode ser feita de forma aleatória. A expansão de qualquer sistema público que atenda a sociedade em qualquer uma das funções do Estado, precisa ser acompanhada de uma estrutura de financiamento. Além disso, a evidenciação e a transparência dos gastos públicos permitem que a população saiba como os recursos públicos estão sendo aplicados. A participação social na gestão pública, além de direito garantido pela Constituição Federal de 1988, permite a fiscalização da utilização dos recursos; ou seja, o controle social é um meio importante para melhor exigir a aplicação do dinheiro público. Observou-se com os resultados obtidos neste estudo, que sem um financiamento adequado associado a um controle monitorado não há como atender a expansão desejada. Nessa perspectiva, essa pesquisa cumpriu com seu objetivo ao propor um Plano de Ação Educacional que monitore e avalie os dados educacionais e administrativos da autarquia estudada, aliado aos indicadores, que também cumpra essa missão associado à melhoria na qualidade de gastos.
This study focused on analyzing the budgetary and financial repercussions at the Federal University of Juiz de Fora, with the adoption of the expansionist policies that took place in 2003, especially the Reuni. The purpose of this study was to analyze the budget execution of the institution in the period from 2008 to 2016, designing indicators as strategic tools in this analysis, which ended up being part of the proposal of the Educational Action Plan. In carrying out cross-sectional research, the qualitative and quantitative approaches are combined, offering information on the application of public resources by this institution. The process of expansion of the federal public universities was established in regulations deriving from centralized determinations and established based on presuppositions that contemplated, on the one hand, the rationalization of the physical and human spaces already existing in the institutions and, on the other hand, evidenced the construction of new physical spaces, hiring of technicians and teachers, opening of new places and enrollments. However, to make reforms and expansions, financial contributions are needed. However, public resources are limited and scarce. Therefore, its use cannot be made at random. The expansion of any public system that serves society in any of the functions of the State must be accompanied by a financing structure. In addition, the disclosure and transparency of public expenditures allow the public to know how public resources are being spent. Social participation in public management, in addition to the right guaranteed by the Federal Constitution of 1988, allows the control of the use of resources; that is, social control is an important means to better demand the application of public money. It was observed with the results obtained in this study, that without adequate financing associated to a monitored control there is no way to meet the desired expansion. In this perspective, this research fulfilled its objective by proposing an Educational Action Plan that monitors and evaluates the educational and administrative data of the studied municipality, allied to the indicators, that also fulfills this mission associated to the improvement in the quality of expenses.
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Lewis, Dorothy. "Federal public policy and bilingual education." CSUSB ScholarWorks, 1995. https://scholarworks.lib.csusb.edu/etd-project/1088.
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This paper is divided into four chapters. Chapter one presents an introduction and overview of the nature of the problem, its significance and implication for public policy, and a presentation of the research design and methodology. Chapter two reviews the historical and legal background of bilingual education policy. Chapter three presents a literature review of bilingual education policy making, and examines the impacts and effects of federal aid in practice. Chapter four provides a summary of survey findings and recommendations for reform of the funding criteria for Title VII ESEA bilingual education grants.
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Hervey, Tamara K. "Justifications for sex discrimination in employment : a comparative study of the law of the European Community, in the United Kingdom, the United States of America and the Federal Republic of Germany." Thesis, University of Sheffield, 1992. http://etheses.whiterose.ac.uk/2957/.
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The removal of discrimination between women and men in the workplace, in order to open up equality of opportunity in employment, is a measure of social policy regarded as desirable by makers of law and policy in Western liberal democracies, including the four legal systems examined in the present study. Legislative provisions with the specific purpose of removal of sex discrimination in employment have been in place in those legal systems for a number of years: since the 1960s, in the case of the United States of America (Civil Rights Act 1964), since the 1970s, in the case of the United Kingdom (Equal Pay Act 1970), since the 1980s, in the case of the Federal Republic of Germany (EG-Anpassungsgesetz 1980) and, in the case of the European Community, since its foundation in 1957 (Treaty of Rome, Article 119). Now that comprehensive legislation with the purpose of removal of sex discrimination in employment is in place, in the four legal systems examined, attention should be focused on the effectiveness of the legislation and on proposals for its continued improvement. The effectiveness of a particular aspect of the general legislative provisions concerning sex discrimination in employment is the focus of the present study. The issue with which the study is concerned is that of exceptions to the rule of non-discrimination, or 'justifications' for discriminatory behaviour in the employment sphere. It is common ground that any statement of general principle (including the principle of nondiscrimination on grounds of sex) will be subject to exceptions. The exceptions form the subject of the present study. Exceptions to a general principle should be applied in such a way as to avoid undermining the core principle. The study seeks to explore qualifications to the general principle of non-discrimination in employment, and to refine those qualifications, so as to protect the application of the general principle.
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Nelufule, Maanda David. "Comparative democracy : issues of consolidation in South Africa and Zimbabwe." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52740.
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Thesis (MPhil)--Stellenbosch University, 2002.ENGLISH ABSTRACT: Democracy is understood by many to be a government for the people by the people. As far as academic or scholarly traditions are concerned however, this is a rather populist depiction of the concept. According to the intellectual tradition, democracy is such when a system of governance meets several conditions. For the purpose of this study, the institutionalist tradition or theory of democracy which sees democracy as being dependent on institutions of contestation (elections) and participation (parliament) as well as others, is an important variable. However, the very same theory on democracy is not limited to institutions as the sole requirements for democracy. For the economic determinists, the point is that whilst institutions are important for democracy, they are not sufficient. In order for there to be such, favourable socio-economic conditions are important as well and these include affluence amongst other issues. The scientific orientation of this study being comparative, it seeks to take both the institutionalist variable of elections and the economic determinist variable of affluence as operational measures of the state of democracy in South Africa and Zimbabwe. As an additional operationalisation, the issue of civil and political liberties as per Freedom House classifications is also investigated in a similar comparative manner. The outcomes of the study show that at an electoral level, South Africa's model of proportional representation in the seat allocation system gives minorities a voice as opposed to Zimbabwe's fast past the post system based on the winner takes all principle. It was also established that the electoral machinery in Zimbabwe is more chaotically arranged and thus susceptible to abuse than in South Africa. At a socio-economic level, conditions have also been found to be a lot more favourable to the consolidation of democracy in South Africa than in Zimbabwe because of a wide array of issues, the most serious one being the declining income patterns for the average Zimbabwean as compared to the South African. Though the issue of high income inequality in South Africa should be highlighted as a threat, it should also be noted that in Zimbabwe, the apparent disrespect of the rule of law has an added negative implication for Zimbabwe as Freedom House has highlighted the declining of the country from partly free of 3.4 in 1980 to a partly free of 6.5 in 2000. The overall analysis comes to the conclusion that given the findings above, it seems South Africa's democracy can still hold stronger given an accelerated equitable distribution of wealth whilst for Zimbabwe, the revitalisation of democracy needs to start from the re-engineering of institutions to the regeneration of the concept of respect for the rule of law. Thus the comparison seems to show a democracy better suited for consolidation than the other.
AFRIKAANSE OPSOMMING: Demokrasie word deur talle verstaan as regering van die volk deur die volk. Hierdie is egter 'n populêre voorstelling van die konsep. Volgens intellektuele tradisies, moet 'n demokrasie aan sekere vereistes voldoen. Vir die doel van hierdie studie, word die institusionele denke aanvaar wat die demokrasie as afhanklik van sulke instellings soos mededinging (verkiesings) en deelname ('n parlement) beskou. Dieselfde denke beklemtoon ook dat instellings nie die enigste vereistes is me, byvoorbeeld vir ekonomiese deterministe, is instellings nodig maar nie genoegsaam nie. Dit beteken dat gunstige sosio-ekonomiese toestande ook moet geld, spesifieke relatiewe hoë welvaartspeile. Die wetenskaplike orientasie van hierdie studie is vergelykend. Dit vergelyk sowel ekonomiese as institusionele kriteria, asook twee state, Suid-Afrika en Zimbabwe. 'n Addisionele saak word ook geoperasionaliseer, te wete burgerlike vryhede en politieke regte. Hier word Freedom House se klassifikasies aanvaar. Die studie toon dat op die vlak van verkiesings, Suid-Afrika se proporsionele verteenwoordigingstelsel kleiner partye en minderheidspartye verteenwoordiging bied, teenoor Zimbabwe se wenner-vat-alles-stelsel. Die Zimbabwiese stelsel was meer vatbaar vir wanbestuur en onvrye en onregverdige verkiesings. Op die sosio-ekonomiese vlakke is toestande vir die konsolidasie van demokrasie in Suid-Afrika veel beter as in Zimbabwe, waarvan die vernaamste die afname in welvaartspeile in Zimbabwe is. Hierteenoor is die styging van ongelykheidsvlakke in Suid-Afrika 'n negatiewe faktor. In Suid-Afrika is vryheidsindekse van Freedom House egter steeds op 'n hoë vlak, terwyl die Zimbabwiese vlakke drasties agteruitgaan, byvoorbeeld vanaf 3.4 in 1980 tot 'n onvrye vlak van 6.5 in 2000 waar 'n punt van 7 totaal onvry is. Die konklusie is dat demokrasie in Suid-Afrika konsolideerbaar is, terwyl Zimbabwe ook instellings sal moet red van ondergang. Die herstel van regsoewereiniteit kan 'n beginpunt wees. Die vergelykings wys dus uit dat Suid-Afrika veel beter daaraan toe is as Zimbabwe.
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Toussaint, Nicole G. "The Metropolitan Dimensions of United States Immigration Policy: A Theoretical and Comparative Analysis." PDXScholar, 2013. https://pdxscholar.library.pdx.edu/open_access_etds/1065.
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Municipal unauthorized immigration policy, as an area of study, is underexplored. The literature is in the early stages of development, and little specific theory to guide research exists. To advance this emerging field, my study addresses two questions. First, what unauthorized immigration policies do local governments pursue, under what circumstances, and for what reasons? Second, what explains city-to-city variation in municipal responsiveness to the policy preferences and interests of residents without legal status?
The dissertation also presents a typology of municipal responsiveness to unauthorized immigrants, based on my exploratory research. To explain intercity differences in the policy processes and choices of local government, I explore three possible explanations--Hero's (1998) social diversity thesis, urban regime theory, and political culture and policy entrepreneurship. My study engages these theoretical ideas with the findings of a comparative case study of three mid-size, reemerging gateway cities: Sacramento, California; Denver, Colorado; and Portland, Oregon. I explore whether associations between local factors and municipal unauthorized immigration policy emerge in the recent history of the three case cities.
Analysis of data gleaned from document study suggests that political culture, as expressed through entrepreneurial political leaders, has been important in shaping regime development and subsequent policy action on unauthorized immigration, while differences in the ethnoracial structure of cities accounts for variation in policy approach.
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MARTINEZ, BARAHONA Elena. "Seeking the Political Role of the Third Government Branch: A comparative approach to high courts in Central America." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7931.
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Defence date: 22 January 2007Examining board: Prof. Pilar Domingo (Universidad de Salamanca) ; Prof. Carlo Guarnieri (Università di Bologna) ; Prof. Donatella Della Porta (European University Institute) ; Prof. Philippe C. Schmitter (European University Institute)(Supervisor)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Until recently, Courts were not an important component of political science research on Latin America. The quantity of research on the judiciary does not compare even remotely to the vast literature on others institutions. However, despite the relative inattention to their role, courts are institutions whose performance has concrete and relevant effects on the socio-political system. Indeed, Courts have currently emerged as active participants in the political process offering new opportunities to citizens, social movements, interest groups, and politicians. Focusing on three countries of Central America (Costa Rica, Nicaragua and Guatemala), this dissertation illustrates how far the political system in these countries is shaped in significant ways by the role of Courts as political institutions. Throughout a comparative approach, this study offers what may be the first cross-national analysis explicitly designed to serve as a comprehensive measure of the political role of High Courts.
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Stock, Wolfgang R. "The impact of federal provisions in the Basic Law on the political discretion of the German government in the decision making of the European Community." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.241335.
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Duff, David Edwin. "A Comparative Study of Nuclear Power Risk Perceptions with Selected Technological Hazards." Diss., North Dakota State University, 2014. https://hdl.handle.net/10365/27403.
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How people perceive risk or threats is important to many disciplines that seek to assist policy makers in developing policies, regulations and laws. Using the previous work of Slovic et al. (Fischhoff, Slovic, Lichtenstein, Read and Combs, 2000; Slovic P., 1992; Slovic, Fischhoff, and Lichtenstein, 2000) in development of the psychometric paradigm, a sample of residents (n=600) from a region with a large number of nuclear reactors was surveyed. The question set was expanded to include demographic questions to determine if they impact risk perception. Two aspects of risk perception were examined, perception of overall risk and perception of riskiness along specific dimensions of concern identified previously in the literature. For both risk and riskiness, respondents? perceptions of nuclear power were compared to three other perceptions of technologies including use of modern farming methods using chemicals, railroad transportation and coal-generated electricity. The recent increase in public concern about nuclear power following the meltdowns at the Fukushima Dai-ichi nuclear power plant led to the expectation that nuclear power would be rated higher in overall risk and riskiness than the other three technologies consistent with Slovic?s earlier work on risk perception. This expectation was generally supported although respondents tended to perceive modern farming methods using chemical as similar in overall risk and riskiness to nuclear power. The research specifically tested five hypotheses concerning the impact of five demographic factors: gender, race, income, education and political orientation on the overall perception of risk and riskiness. Subsequent analysis using analysis of variance and linear regression found that select demographics only explained 2% of the risk perception for nuclear power generation.
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Ostafichuk, William John Carleton University Dissertation Geography. "A comparative analysis of the route approval procedures for energy transmission corridors between the Canadian federal government and the provinces of British Columbia, Alberta, and Ontario." Ottawa, 1989.
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Lenard, Matthew A. "The Political Economy of Federal Assistance: Demand-Side Determinants of New Awards in the 110th Congress." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/political_science_theses/34.
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An extensive literature examines how distributive (i.e., “pork barrel”) spending is allocated among congressional districts. Much of this research finds evidence that intra-chamber factors like ideology, party, and committee membership are the primary determinants of various forms of distributive spending. However, we know much less about how extra-chamber factors such as district-level demand and the economy impact the distribution of federal outlays. In this study, I find that district-level demand and variation in economic factors, in particular, income and unemployment, significantly predict the distribution of new bureaucratic awards in the 110th Congress. The results support the contention that districts get what they need, and this raises questions about the ability of members of powerful committees to steer awards selectively to their districts. It also provides evidence for the economic “law of increasing state activity,” by which districts with higher income levels receive a larger share of federal assistance.
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Blackford, William R. "The Responsibility to Protect and International Law: Moral, Legal and Practical Perspectives on Kosovo, Libya, and Syria." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/2532.
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Humanitarian intervention has long been a secondary or tertiary concern in a security driven international system. Since NATO's intervention during the Kosovo crisis in 1999 there have been significant developments in both the language and form of humanitarian intervention as a matter of international law. The events in Kosovo sparked debate about how to handle humanitarian crisis in the future and thus humanitarian intervention evolved into a redefinition of sovereignty as responsibility and the Responsibility to Protect. The Responsibility to Protect has had a number of opportunities to continue to evolve and assert itself in an international legal context throughout the ensuing years since the Kosovo intervention.
The purpose of this research is to explore the moral, legal and practical implications of the Responsibility to Protect doctrine. Classical and contemporary theories of international relations and moral philosophy are applied in the context of the Responsibility to Protect and its effect upon the international system and specific states to cultivate a sense of the development of the norm and different actors' attitudes towards it. A literature review is conducted to show the practical and conceptual issues inherent in the framework of the Responsibility to Protect. The norm is then applied to the cases of Kosovo, Libya, and Syria to assess its effect in practice and determine its origins. The analysis of these case studies leads to a number of conclusions regarding its effectiveness and future application.
The case studies chosen for this research are Kosovo, Libya, and Syria. The case of Kosovo helps to establish a humanitarian intervention framework, the need for redefinition, and the beginning of the Responsibility to Protect. Libya shows the first strong case for the positive application of the Responsibility to Protect in a practical sense. The non-intervention in Syria shows the difficult political issues involved in intervention and presents uncertainty as to the positive develop of the norm. These cases clearly show the myriad of practical challenges to RtoP that are borne out the theoretical, moral issues embedded in its philosophy.
The conclusion drawn from the literature review and subsequent case studies is that the current efforts to assert the Responsibility to Protect are aimed at the wrong areas of international law and states, and that the norm is not developing positively in a linear pattern. To successfully promote its acceptance the Responsibility to Protect must build institutional linkages to make intervention more cost effective, exercise the regional options available to promote and ensure the legitimacy of intervention, and assure the acceptance of RtoP by the major powers in the Security Council.
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Hohler, Anne. "Kompetition statt Kooperation - ein Modell zur Erneuerung des deutschen Bundesstaates? : Bestandsaufnahme und Bewertung einer auf Wettbewerb gerichteten Reform des Föderalismus in der Bundesrepublik Deutschland unter besonderer Berücksichtigung der Arbeit der Gemeinsamen Kommission des Bundestages und Bundesrates zur Modernisierung der bundesstaatlichen Ordnung und der Verfassungsänderungen im Juli 2006 /." Hamburg, Germany : Kovač, 2009. http://d-nb.info/992492025/04.
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Lindholm, Johan. "State Procedure and Union Rights : A Comparison of the European Union and the United States." Doctoral thesis, Uppsala : Iustus, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016250418&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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Franks, Melvin Eugene. "The effects of consolidation of federal funding programs on schools participating in Chapter 2 of ECIA in Mississippi: an investigative study." Diss., Virginia Polytechnic Institute and State University, 1989. http://hdl.handle.net/10919/54784.
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The focus of the study was to observe changes brought about by the implementation of Chapter 2 of the Education Consolidation and Improvement Act of 1981 in local jurisdictions of government when the disposition of federal funds were under local control. The study investigated the extent to which the six expressed intentions of Chapter 2, ECIA legislation were realized in 154 local education agencies in the state of Mississippi two years after implementation. Specifically, the six legislative concerns were to:
* Reduce the amount of paperwork without reducing the quality of programs,
* Equalize the distribution of federal funds without reducing the benefits to specific target populations,
* Increase local discretion without diminishing prior program commitments to the original national priorities,
* Increase the role of private education without raising the constitutional issue,
* Reduce reporting and evaluation requirements without a commensurate loss of accountability, and
* Reduce the constraints on SEAs in the planning of federally funded projects and programs without a loss of perceived quality in those programs.
Data sources collected for analysis included: a mail survey, interviews with state and local school personnel, and supportive documents from both the state education agency and local school districts. The data was analyzed using descriptive statistics.
From the study it was concluded that, while the goals of Chapter 2, ECIA legislation were admirable, they were replete with unintended consequences. Further, while many of the legislative objectives were met at the national level several of the objectives had differing effects in a state like Mississippi which exerted little SEA influence.Ph. D.
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Ebrāhim, Badrudīn Sheikh Rashīd. "The form of Muslim government and its source of authority in contemporary Islamic thought : a comparative study of the views of Ayatollah Ruḥollah Khomeini and Sayyid Quţb." Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/5049.
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Philosophiae Doctor - PhDThe year 1924, which coincided with the fall of the Ottoman Caliphate and more recently, the Arab Spring which started in Tunisia in December 2010, and spread across much of north Africa and parts of the Middle East, has captured the attention of worldwide audiences, but also policy makers from the West to relook at the masses in the Muslim world as not politically acquiescent, even ignorant, but also, and more importantly as to which forms of government these regions would adopt, secular or Shari‘ah based (Islamic Law), or a combination of the two. The proposed research will examine and compare the views of the Shī‘i Iranian leader Ayatollah Ruhollah Khomeini and Egyptian Sunni intellectual and Muslim Brotherhood ideologue, Sayyid Quţb regarding the form of government and its source of authority. Both scholars agreed on the sovereignty of the Sharỉ‘ah. Khomeini stressed the centrality of the establishment of an Islamic government and the concept of Wilāyat al-faqīh in his book of Ḥukūmah al-Islamiyyah (Khomeini, undate). Therefore, Khomeini’s doctrine of Wilāyat al-faqīh argues that the government should be run in accordance with the Shari‘ah. For this to happen, a high-ranking cleric (Islamic jurist) should provide political guardianship over the people in the absence of and until the reappearance of the Hidden Imām. Sayyid Quţb stressed the establishment of an Islamic society before attempting to codify the Sharī‘ah (Quţb, 1981:76). His writing on politics and government does not lay out a comprehensive plan for Islamic governance. He does however; provide a foundation and three sub-principles that help determine its powers and structure. He declared that the foundation of Islamic political rule is Ulūhiyya (servitude) and Al-ḥākimiyya (sovereignty of Sharī‘ah) of Allah. This means that the Islamic government is the rule of God (Loboda, 2004: 25) Furthermore, Quţb, argues that Islam does not provide man with sovereignty, but Allah (God) is the only sovereign. In addition, he clarifies that an Islamic form of government itself is not divine as past Christian governments considered their kings to be divinely ordained. Instead, any rule with reference to Al-ḥākimiyya and based on three subprinciples is Islamic rule (Quţb, 1993). The three sub-principles for Islamic political rule indicated by Sayyid Quţb are as follows. Firstly, the rulers should be just. Secondly, the people should be obedient to the ruler as long as he submits to the sovereignty of Allah and implements the Sharī‘ah. Thirdly, there should be consultation between the rulers and the community. However Sayyid Quţb does not indicate a clear method of consultation between the ruler and the people. Instead, he leaves it up to the local conditions of the community. In the third principle, Quţb indicated that the importance of consultation encompasses the entire concept of Islamic rule and Muslim community life (Quţb, 1993:45). This means Sayyid Quţb "indirectly states that rulers should be elected by democratic vote" (Loboda. 2004:28).
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Kelly, James B. "Charter activism and Canadian federalism : rebalancing liberal constitutionalism in Canada, 1982 to 1997." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0022/NQ50199.pdf.
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Lehmann-Brauns, Richard. "Die Zustimmungsbedürftigkeit von Bundesgesetzen nach der Föderalismusreform /." Berlin : Duncker & Humblot, 2008. http://d-nb.info/991224388/04.
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Fernandes, Ciro Campos Christo. "Política de compras e contratações: trajetória e mudanças na administração pública federal brasileira." reponame:Repositório Institucional do FGV, 2010. http://hdl.handle.net/10438/7950.
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The thesis analyses political change in public procurement policy of Brazilian federal administration describing in a systematic way the six cases in which legal rules and procedures suffered substantial changes affecting general laws or statutes: the centralization of purchases in Vargas period, in two decisive moments (1931 and 1940); the revision of rules for bidding by Decree-law 200, in the context of president Castello Branco administrative reform; the enactment of a statute for biddings (Decree-law 2.300 ) in José Sarney government; the congressional approval of a general bidding law directed to fight corruption and collusion in public contracts (Law 8.666, of 1993 ); the frustrated attempt of a new bidding law aligned with the managerial public management reform of Fernando Henrique Cardoso government and the creation of reverse auction (pregão) as a new modality for bids, in 2000. The research focuses the political process of problem formulation, specification of solutions and decision-making, applying John Kingdon`s model to unfold the flows of political process, problems and solutions in each specific historical context. The six cases are described and compared by means of structured narratives and their analysis is supported on theoretical model categories to elucidate how the process of change is developed and which are the relevant actors, ideas, models and political events that explain their circumstances and result.
A tese analisa as mudanças da política de compras e contratações da administração pública federal brasileira descrevendo de forma sistemática os seis casos nos quais as regras e procedimentos sofrem alteração substancial, na forma de leis gerais ou estatutos: a centralização das compras no período Vargas, em dois momentos decisivos (1931 e 1940); a revisão das regras de licitação pelo Decreto-lei n. 200, no contexto da reforma administrativa do governo Castello Branco; a edição de um estatuto das licitações (o Decreto-lei n 2.300) no governo Sarney; a aprovação no Legislativo de uma lei de licitações voltada para o combate à corrupção e ao direcionamento dos contratos públicos (Lei 8.666); a tentativa frustrada de uma nova lei alinhada com a reforma gerencial do primeiro governo Fernando Henrique Cardoso e a criação do pregão como nova modalidade de licitação, em 2000. A pesquisa focaliza o processo político de formulação dos problemas, especificação de soluções e tomada de decisão, com base no modelo de John Kingdon, desdobrando a análise em fluxos do processo político, dos problemas emergentes e das soluções, em cada contexto histórico específico. Os seis casos são descritos por meio de narrativas estruturadas e comparados a partir das categorias do modelo teórico para elucidar como se desenvolveu o processo de mudança, quais os atores relevantes, idéias, modelos e eventos políticos que explicam suas circunstâncias e resultado.
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Makwiramiti, Anthony Munyaradzi. "The implementation of the new capital accord (BASEL II) : a comparative study of South Africa, Switzerland, Brazil and the United States." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1002717.
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The international banking environment has become potentially riskier because of the recent developments in financial services and products which have changed the way banks do their day to day business. Imposing minimum capital adequacy regulations is one way of fostering stability in the global banking system. A number of countries have started to implement the new capital adequacy rules (Basel II) following the worldwide consensus among central bankers that bank‟s capital levels should be regulated to enhance global financial stability. In this study, through the comparative analysis of the general implementation issues it was established that emerging countries apply all Basel II rules uniformly across all the banking institutions that operate in their territories. Developed countries apply these rules only to large and internationally active banks and because of the diversity of their banking industries, they also apply domestically modified rules to the domestically based banks. For the successful implementation of Basel II, properly planning, devoting bank resources and making necessary legislative amendments are prerequisites for incorporating Basel II into the regulatory framework for any country. The study concludes that the current global financial turmoil continues to pose a threat to the effectiveness of the Basel II rules which are aimed at achieving global financial stability.
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Al-Harbi, Ibrahim Sulaiman. "Democracy in Islamic and international law : a case study of Saudi Arabia." Thesis, Brunel University, 2010. http://bura.brunel.ac.uk/handle/2438/4522.
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Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy — the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam — reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights, whilst popular perceptions of Islam as inhibiting development in human rights are often unfounded, as can be demonstrated by examining the case of Saudi Arabia.
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Pacoud, Renaud. "Le judiciaire dans l’Etat : les cours fédérales américaines face au développement de la puissance administrative : 1891-1984." Thesis, Lyon 2, 2011. http://www.theses.fr/2011LYO20034.
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Si la science politique et l’histoire ont su montrer les effets de l’expansion de la bureaucratie sur la présidence et le Congrès en assez grands détails, la vision du pouvoir judiciaire dans sa relation avec l’État américain moderne reste singulièrement appauvrie. Un examen de l’historiographie de l’État et du pouvoir judiciaire montre que la question de l’impact du fait administratif sur le fonctionnement de ce dernier n’a finalement jamais été clairement posée. Cette thèse entend démontrer que les relations entre le judiciaire et l’État fédéral se sont jouées non sur un conflit de principe quand au rôle et à la place de la bureaucratie fédérale dans le schéma constitutionnel américain mais plutôt dans le cadre du processus de reconstruction du judiciaire fédéral initié à la fin du dix- neuvième siècle avec le Evarts Act de 1891Even though political scientists and historians have been able to make sense of the impact of bureaucracy on the Congress and the Presidency, the question of the relation of the federal judiciary with the federal state remains largely untouched, as if the constitutional confrontation of 1937 had settled the issue once and for all, with the traditional narrative of judicial restraint and executive triumph firmly in place. This work aims to suggest and explore another avenue for research, by underlining the importance of earlier, turn-of-the-century developments regarding the institutional evolution of the federal judiciary itself and the development of early administrative law. By shifting the focus of attention away from the New Deal crisis, we show that the complicated relation between the federal judiciary and the federal state did not primarily concern the place of administrative power in the constitutional structure, but rather the institutional identity of a federal judiciary which underwent profound changes before the New Deal. In other words, the federal judiciary has a history, and this has to count for something
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Uyttendaele, Marc. "Le fédéralisme inachevé: réflexions sur le système institutionnel belge, issu des réformes de 1988-1989." Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213170.
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McParland, Domminick. "Is Self-Sufficiency Really Sufficient? A Critical Analysis of Federal Refugee Resettlement Policy and Local Attendant English Language Training in Portland, Oregon." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/1697.
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Since the 1951 United Nations Convention, nations have dealt with refugee issues in various ways. In the United States, since the Vietnam War, there has been great debate and a significant amount of research on issues of refugee resettlement, with these discourses inherently involving issues of power and ideology. English language training and the promotion of economic self-sufficiency have been interventions used to integrate and assimilate refugees into American culture and society. These two interventions were the subject of the current investigation.
The purpose of this study was to look into the way federal refugee resettlement policy mandated by the Office of Refugee Resettlement (ORR) construes the notion of self-sufficiency in policy documents; and whether or not that constructed version of self-sufficiency is reflected or reinforced in the local attendant English language training, provided by the Immigrant and Refugee Community Organization's (IRCO) Pre-Employment Training's English language training courses.
Through a combination of Critical Discourse Analysis and analytic techniques influenced by Corpus Linguistics, this study was able to investigate the construal of self-sufficiency in ORR refugee resettlement policy and its reflection in IRCO PET ELT.
The ORR policy Title 45: Public Welfare, Part 400: Refugee Settlement Program and the lesson plans and materials of IRCO's PET's SPL levels 2 and 3 were analyzed with a textual analysis, process analysis, and social analysis. The ORR policy also underwent a collocation comparison analysis that employed the Corpus of Contemporary American English (COCA).
The results of this qualitative study indicate that the federal resettlement policy exploits a common connotation of self-sufficiency to mask its underlying subjugating policies that position resettled refugees into early employment positions with little opportunities for higher education or occupational advancement. The ELT provided by IRCO's PET program reflects and reinforces the ORR's construed notion of self-sufficiency as well as its underlying hegemonic agenda.
These findings this relate to broader discourses of immigration, neoliberalism, and education in the United States. Conclusions drawn from this investigation have pedagogical implications and applications that are discussed.
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Givens, John Wagner. "Suing dragons? : taking the Chinese state to court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a016f84a-3df8-4df7-88bb-4475372022f0.
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This dissertation analyses the ability of Chinese lawyers to use administrative litigation to protect individuals and groups from an authoritarian state that frequently infringes on their rights. These plaintiffs fill administrative courts in China, opposing the overzealous tactics of police, challenging the expropriation of their land, and disputing the seizure and demolition of their homes. Empirically, it relies on several unique data sources in a mixed-methodological approach. Qualitative and small-n quantitative data from 126 interviews with a random sample of Chinese lawyers and 52 additional interviews are supplemented by documentary sources. These findings are then tested against official data and a large survey of Chinese lawyers. This research demonstrates that administrative litigation is part of a polycentric authoritarian system that helps the Chinese state to monitor its agents, allows limited political participation, and facilitates economic development (Chapter One). By giving ordinary Chinese a chance to hold their local governments accountable in court, administrative litigation represents a significant step towards rule of law, but its limited scope means that it has not been accompanied by dramatic liberalisation (Chapter Three). In part, this is because the most prolific and successful administrative litigators are politically embedded lawyers, insiders who challenge the state in court but eschew the most radical cases and tactics (Chapter Four). The tactics that allow politically embedded lawyers to successfully litigate administrative cases rely on and contribute to China’s polycentric authoritarianism by drawing in other state, quasi-state, and non-state actors (Chapter Five). Multinationals in China are largely failing to contribute to the development of China’s legal system because they readily accept preferential treatment from the Chinese state as an alternative to litigation (Chapter Six). While administrative litigation bolsters China’s polycentric authoritarianism in the short term, it offers tremendous potential for rationalisation, liberalisation, and even democratisation in the long term.
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Albuquerque, Paulina Aparecida Marques Vieira. "Gestão arquivística sustentável: uma proposta de manual." reponame:Repositório Institucional do FGV, 2015. http://hdl.handle.net/10438/13982.
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Demands for a consideration of environmental issues nowadays have become so prevalent and archival science could not stay out of the debate. Thus, the work presented here, in the form of a 'product', seeks to highlight the importance of implementing a sustainable document management programs that may contribute to an ecologically balanced environment. For this, we designed a sustainable archival management manual establishing a set of practices to promote environmental sustainability in the context of the Pró-Reitoria de Extensão e Cultura (Proexc) of the Universidade Federal do Estado do Rio de Janeiro (Unirio). Later, this pilot study will be extended to the entire University.
As demandas por uma consideração das questões ambientais, nos dias hoje, tornaram-se tão presentes e a arquivologia não poderia ficar de fora do debate. Dessa forma, o trabalho aqui apresentado, em forma de produto, busca destacar a importância da implementação de um programa de gestão de documentos sustentável que possa contribuir para um meio ambiente ecologicamente equilibrado. Para isso, foi elaborado um manual de gestão arquivística sustentável que estabelece um conjunto de práticas para promover a sustentabilidade ambiental no âmbito dos arquivos da Pró-Reitoria de Extensão e Cultura (Proexc), da Universidade Federal do Estado do Rio de Janeiro (Unirio). Mais adiante, este estudo piloto será estendido para toda a Universidade.