Tesis: "Constitutional studies"

1

Scofield, Katherine Bowen. "Indigenous rights and constitutional change in Ecuador". Thesis, Indiana University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10260893.

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My dissertation, Indigenous Rights and Constitutional Change in Ecuador, is motivated by a question that has inspired a rich discussion in the political theory literature: how should democracies accommodate indigenous groups? I focus on this question in the context of indigenous participation in the 2008 Ecuadorian constitutional convention. Ecuador is an interesting case in that the constitutional convention represented an opportunity for indigenous and non-indigenous groups to discuss the very topics that concern political theorists: the ideal relationship between indigenous and non-indigenous communities, the formal recognition of indigenous groups, indigenous rights, the fair economic distribution of resources, and the nature of citizenship. However, despite the fact that indigenous groups focused on constitutional change as a vehicle for indigenous empowerment, the political theory literature is largely silent on how constitutional change can affect minority groups. This silence is indicative of a larger failure on the part of political theorists to fully consider how institutions shape the normative goals of a society. Similarly, the literature on constitutional design does not examine indigenous groups as a separate case study and, therefore, provides little guidance as to how institutions can be used to empower indigenous groups.

During the constitutional convention, indigenous people in Ecuador presented their own plan for constitutional change: plurinationalism. This paradigm combined the idea of indigenous group rights with a call for alternative means of economic development, radical environmentalism, and recognition of an intercultural Ecuadorian identity. In so doing, plurinationalism moved beyond the general parameters of group rights and/or power-sharing arrangements discussed by political theorists and constitutional design scholars. In this dissertation, therefore, I examine the underlying tenets of plurinationalism, how plurinationalism was interpreted by non-indigenous people and incorporated into the 2008 constitution, and the future constitutional implications of plurinationalism. I argue that the Ecuadorian case has implications for both the political theory and constitutional design literatures: it allows political theorists to move beyond the language of indigenous rights to consider other institutional avenues for indigenous empowerment and points to value for design scholars in considering indigenous people as a separate case study, reframing assumptions about constitution-making in divided societies.

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2

Hlatshwayo, Vuyisile Sikelela. "The reality of media freedom in Swaziland under the new constitutional dispensation". Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11291.

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The study concludes that there is still lack of media freedom in Swaziland under the new constitutional dispensation. Its significant finding is that the lack of media freedom is a consequence of constitutional, legal and extra-legal constraints.

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3

Skjelten, Synnøve. "Democracy and communications : an analysis and assessment of the public participation programme of the Constitutional Assembly". Master's thesis, University of Cape Town, 1999. http://hdl.handle.net/11427/11448.

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This thesis analyses the Public Participation Programme in the South African constitution-making process. The central premise of the thesis is that there is a link between participatory lawmaking processes and legitimate democracy. Accordingly, the drafting of the constitution and other law requires public participation in order to be accepted and recognised. Jurgen Habermas' latest theory (Between Facts and Norms) is used in this analysis. Jurgen Habermas has developed a new theoretical paradigm that defines the tension that exists between the coercive factual force of law ("facticity") and the recognition of law ("validity").

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4

Van, Rooyen Johann. "The protection of minority rights: a comparative survey with special reference to South Africa's constitutional options". Master's thesis, University of Cape Town, 1988. http://hdl.handle.net/11427/17689.

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The purpose of this dissertation is firstly to define and analyse the concept of minority rights and to place it in perspective in relation to surrounding concepts such as communalism, ethnicity, groups and individualism. This is done through a critical discussion of various theoretical perspectives relating to the subject matter. Comparisons are drawn between the policies of various plural societies aimed at accommodating their ethnic diversity, either constitutionally or through methods that lack legitimacy. This is followed by a discussion and evaluation of consociational democracy and federalism as possible solutions to the problems created by ethnicity and minorities in a plural society. Having made the hypothesis that democracy is best served in a multi-ethnic society by a system that emphasizes group rights in addition to individual rights and which accepts the notion of government through consensus, the emphasis then moves to the particular nature of the South African minority question. The policies of the various actors on the South African political scene towards minority rights are analysed critically. Attention is given to factors which may influence group formation in a system emphasizing voluntary association, such as race, ethnicity, class and ideology. There is also a discussion of the nature of the rights which minorities may claim and emphasis is placed on the requirement that minorities should be able to levy strategic influence without disrupting the society as a whole. Finally, this dissertation deals with the question of which constitutional alternatives offer the most promising solution to the problems caused by South Africa's cultural diversity. Although a political system emphasizing individual rights might come closest to the liberal ideal and may be suitable to an ethnically homogeneous country, the violent history of plural societies where group rights have been neglected, indicate the need for a pluralist solution in South Africa. While there is a strong tendency among Blacks to view the concept of minority rights as yet another Apartheid ploy to maintain White domination and privileges, the purpose of this paper has been to prove that minority rights is a universal concept and is not a creation of Apartheid, although the National Party has managed to almost irreversibly taint it. Yet, in a system of group formation through voluntary association, the concept of minority rights can serve as a powerful tool to help facilitate a negotiated settlement towards a predominantly Slack government based on consensus. A true power-sharing consensus-orientated constitution has been found in Lijphart's notion of a consociational democracy and the view is taken that the Natal-KwaZulu Indaba's constitutional proposals is an example of such a constitution.

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5

Pratt, Emma Cerelia. "Georgia's 2010 Constitution". The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306879598.

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6

Yannias, Alexandra. "Section 26, Grootboom, and breaking new ground : South Africa's constitutional right to housing in theory and practice". Master's thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/3679.

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7

Samuelsson, Jacob. "Article 9 and the Japanese Constitution : How did Japan change its constitution without amending it?" Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-77593.

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The purpose of the essay is to evaluate how the early years of the post-war political system laid the foundation for the amendment process. This turned out to be because of early adoption of a policy direction coupled with institutional memory let these decisions cement themselves as the de facto policy for Japan. Using path dependency by Paul Pierson the reasons for this could be analyzed using four analytical pointers that could explain the normative growth of certain ideas. History is not a straight line and the early decision making have long term effects implying that current day political discourse can have its roots decades back in time. Japans political group chose stability over national pride. Article 9 wasn’t amended because the people did not want to jeopardize their ticket to peace and prosperity. Japan chose economic recovery over military buildup and practiced a policy of non-aggression and sealed themselves off under the US security umbrella. Conservative politicians have hollowed out Article 9 by expanding the military over time. The original reasoning for upholding Article 9 no longer stand and the reasons for not amending it, while still prevalent, do not exist anymore.

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8

Manouguian, Aïda. "La juridictionnalisation du droit constitutionnel français : etude d'un phénomène doctrinal". Electronic Thesis or Diss., Lyon, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218790.

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Le droit constitutionnel français témoigne, à l’époque contemporaine, d’une évolution majeure tenant à l’emprise du juge constitutionnel et de sa jurisprudence sur la discipline. Depuis l’avènement de la justice constitutionnelle sous la Ve République, la question du contrôle juridictionnel de constitutionnalité des lois s’est à tel point diffusée dans les discours doctrinaux qu’il ne paraît plus possible d’envisager le droit constitutionnel sans son juge. Qu’il soit loué ou décrié, nul ne nie l’importance de ce phénomène doctrinal. Après plus d’un demi-siècle de juridictionnalisation du droit constitutionnel, cette recherche a pour ambition de mesurer les conséquences de cette mutation dans la pensée constitutionnelle. Le phénomène doctrinal de juridictionnalisation, qui puise ses racines dans la pensée antimoderne des parlementaires de l’Ancienne France bien davantage que dans le constitutionnalisme moderne, se manifeste à l’époque contemporaine comme une remise en cause de la présentation classique des institutions autant que des sources du droit constitutionnel. Son identification, qui passe par la déconstruction d’un certain nombre de présupposés portant préjudice à sa compréhension, permet alors d’en analyser les effets sur la discipline. De ce point de vue, les bouleversements se révèlent considérables et perturbent tant le statut épistémologique de la discipline que les fondements de l’exercice du pouvoir. Cristallisant, voire aggravant l’ensemble des controverses doctrinales, le juge constitutionnel apparaît ainsi comme l’objet privilégié d’une réflexion générale sur les représentations du droit constitutionnel
In contemporary times, French constitutional law bears witness to a major development due to the influence of the constitutional judge and of his case law, over the discipline. Since the advent of constitutional justice under the Fifth Republic, the question of judicial review has spread to such an extent in scientific debates that it no longer seems possible to consider constitutional law without its judge. Whether praised or criticized, no one denies the importance of this scientific phenomenon. After more than half a century of juridictionalization of constitutional law, this research aims to measure the consequences of this change in constitutional thought.The scientific phenomenon of juridictionalization, which has roots in the anti-modern thinking of the Old Regime parliamentarians – much more than in modern constitutionalism – manifests itself in contemporary times as a questioning of the classic presentation of institutions as much as of sources of constitutional law. Its identification, which goes through the deconstruction of a certain number of assumptions detrimental to its understanding, makes it possible to analyze their effects on the discipline. From this point of view, the upheavals are proving to be considerable and disturb both the epistemological status of the discipline and the foundations of the exercise of power. Crystallizing, even aggravating all the scientific controversies, the constitutional judge thus appears as the privileged object of a general research on the representations of constitutional law

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9

Ghodoosi, Farshad. "Iran and the Constitutionalism: History and Evolution and the Impact on International Relations". FIU Digital Commons, 2018. https://digitalcommons.fiu.edu/etd/3720.

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The sweeping changes in the Middle East, so-called the “Arab Spring”, necessitate revisiting constitutionalism in the region. This task entails a fresh look at the idea of rule of law and constitutionalism amongst the people of the Middle East. One of the widely misconceived and yet understudied constitutional movements in the Middle East belongs to Iran. A new perspective on the trajectory of constitutionalism in Iran would better equip us to comprehend rule of law in the Middle East. From the 1905 Constitutional movement to the 1979 Revolution, Iran has undergone major changes. Each transformation created a rupture with the preceding order fostering a fresh look at rule of law in Iran. The current studies have mainly concentrated on the political and social aspects of these groundbreaking events. The legal aspect of each of event has remained largely unnoticed and under-researched. It is important to fill the gap by focusing on the role of constitutions, despite its shortcomings, and international commitments of states using Iran as an example. The objective is to bring to the fore the role constitutionalism plays in incentivizing states to enter into international commitments and to comply with their international commitments. More than before, the mutual relationship between constitutionalism and international relations is intertwined because of two main developments: a. for better or worse, international relations have become increasingly judicialized, meaning all aspects of inter-state interactions are now subject to some normative regimes; b. more than ever, states feel the need to structure their domestic and inter-state relationship by resorting to a normative structure which is best materialized in constitutions. Using Iran as an example, this dissertation aims to fulfill the following: First, it is critical to understand whether a state is a constitutional state and whether its domestic power relations are subject to any checks and balances (broadly speaking). By reviewing Iran’s recent history through this lens, the dissertation shows that Iranian’s legal culture presents (a version of) constitutionalism. Second, it is critical to understand whether constitutionalism leads to any differences in the international behavior of such a state. Based on its constitutionalism, Iran’s international behavior has been premised on legalistic and juridical grounds.

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10

Highkin, Emily. "Delegate Voting at the 1787 Constitutional Convention: The Entanglement of Economic Interests and the Great Compromise". Oberlin College Honors Theses / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1582396815051673.

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11

Bui, Ngoc Quang H. "Dworkinian Liberalism & Gay Rights: A Defense of Same-Sex Relations". Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/philosophy_theses/71.

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Recent changes in the politics of gay rights have led to a gay rights demand for liberal governments: i) decriminalization of sodomy and ii) full governmental recognition of civil, same-sex marriages. Challengers to liberalism argue that a neutral liberalism cannot satisfy the gay rights demand. I argue that the liberal political framework put forth by Ronald Dworkin can adequately fulfill the gay rights demand. Dworkinian liberalism, which is neutral with respect to the ethical life, need not be neutral with respect to moral and non-ethical values. I argue for the more modest claim that Dworkinian liberalism has the conceptual tools and principles for satisfying the gay rights demand. In arguing for my claim, I discuss the internal criticisms of Carlos Ball and Michael Sandel and the external criticism of John Finnis. I argue that these concerns are surmountable. Dworkinian liberalism is capable of offering a robust defense of same-sex relations.

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12

Wallis, Joanne Elizabeth. "Laying strong foundations : does the level of public participation involved in constitution-making play a role in state-building? Case studies of Timor-Leste and Bougainville". Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610442.

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13

Ip, Eric Chi Yeung. "Constitutionalism under China : strategic interpretation of the Hong Kong basic law in comparative perspective". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:cc5aa191-d745-44ef-93b5-5101d097572f.

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The scholarly consensus on the political foundations of independent constitutional review – that it invariably stems from electoral and inter-branch competition – has been weakened by recent empirical discoveries which demonstrated that constitutional courts in a number of authoritarian states are actually more activist than previously assumed. This dissertation examines this phenomenon using the case of Hong Kong, an authoritarian polity first under the sovereignty of Britain and then of China. It is widely believed that the competence of the Hong Kong Court of Final Appeal – a cosmopolitan common law final appellate court – to strike down legislative and executive acts, and its ability to induce the regime’s compliance with its rulings, is intrinsic to the Basic Law, just as it is in liberal democracies. Nevertheless, two interrelated anomalous phenomena – the Court’s repeated issuance of activist rulings with near-complete impunity, and the continuing forbearance of China’s foremost constitutional authority, the National People’s Congress Standing Committee (NPCSC), faced with the Court’s aggressive assertions – necessitates careful explanation. This dissertation proposes an explanatory Constitutional Investment Theory, which highlights the similarities between “investment” in constitutional review and investment in financial assets, to explain the activation, consolidation, and ascendancy of independent constitutional review in authoritarian settings. It shows how strong incentives to signal its ideological commitment to the “One Country, Two Systems” scheme, both internationally and domestically, first drove the NPCSC to acquiesce in the Court’s self-aggrandisement; how internal divisions within and external opposition to the Hong Kong regime have rendered retaliation a costly option; and how the Court’s strategic resolution of the Basic Law’s ambiguities has encouraged continuous political investment in its jurisdiction and autonomy. Altogether, these have contributed to the formation of a dynamic equilibrium of constitution control, under which the Court and the NPCSC dynamically developed their own jurisprudence within their respective bailiwicks.

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14

Reggio, Ross C. "Harmless Constitutional Error: How a Minor Doctrine Meant to Improve Judicial Efficiency is Eroding America's Founding Ideals". Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2253.

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The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over time, the test evolved even further, now allowing a court to disregard the constitutional error when a majority of justices believe that the untainted record evidence shows that the defendant is, in fact, guilty. This sacrifice of individual and institutional constitutional protections at the altar of judicial efficiency and judgment finality subverts the harmless error doctrine's purposes and strikes at the core of America's founding ideals. In particular, it allows appellate courts to invade the jury's role as the finder of fact and guilt, to sidestep their constitutional role to review and correct errors and protect the Constitution, and to incentivize government actors to commit constitutional violations with little-to-no ramifications. After conducting a comprehensive review of the harmless error doctrine and its development, this thesis traces through many substantive, theoretical, and practical problems with the doctrine's current application. It then proposes that the Constitution and the values that it protects should once again be elevated above the harmless error doctrine's pragmatic concerns of judicial efficiency and judgment finality.

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15

Cunha, Ricardo Sousa da. "Enmity and hegemony in the normative processes of international constitutionalism : the case of the international legal action against terrorism". Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637075.

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16

Numata, Yuki. "Why Foreign Policy Principles Persist: Understanding the Reinterpretations of Japan’s Article 9 and Switzerland’s Neutrality". Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/pomona_theses/157.

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This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the government tends to refrain from policy abandonment either due to perceived public opposition or benefits in international negotiations. Second, party resistance is not an significantly influential factor in the choice of policy abandonment over policy reinterpretation. Finally, public opinion is influential, but self-contradictory; often supporting the change in policy (increased overseas capabilities of armed forces) but opposing the concept of policy abandonment due to high attachment to the respective policies of Article 9 and neutrality.

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17

Tollefson, Julie Jo. "Japan's Article 9 and Japanese Public Opinion: Implications for Japanese Defense Policy and Security in the Asia Pacific". Wright State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=wright1526812071227061.

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18

Andersson, Emmy. "Irans kvinnor : Och deras möjligheter till politisk påverkan". Thesis, Karlstads universitet, Fakulteten för samhälls- och livsvetenskaper, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-7195.

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The purpose of this study is to examine the actual political conditions that exist for the Iranian women. What is the political reality of the Iranian women and how can they exert political influence within the political system that exists in Iran today. This is done to see how the Iranian women's potential political influence affects Iran's democratic status. This will be answered through the overall research question: What opportunities do the Iranian women have to influence policy? This overall question is then split into three smaller research questions: 1) What formal possibilities to political influence do the Iranian women have? 2) What real possibilities to political influence do the Iranian women have? 3) How have women in Iran tried to exert political influence outside the institutional framework? This will be done through a qualitative text analysis where texts concerning the Iranian women’s political influence are examined. The theoretical basis for the study is Dahl's theories of an ideal democracy and polyarchy together with radical and liberal feminism. The Iranian women have many formal rights and opportunities for political influence given by the Constitution but these are not transferred to reality. The Iranian women have also been active in various political actions to influence their situations and the policies of the country. Because of the fact that women are underrepresented in political institutions, prevented from standing for all political offices and that the government exercises strong control over both women and society Iran cannot be considered to meet Dahl's five criteria for an ideal democracy or the seven institutions necessary for polyarchy. Therefore Iran cannot be regarded as an ideal democracy or as a polyarchy. According to radical and liberal feminism Iran also has a patriarchal political system with a society that supports the male dominance over its women.

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19

Zizmond, Helena. "National Minority Rights : A Caste Study of Croatia and the National Minority Croatian Serbs". Thesis, Växjö University, School of Social Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:vxu:diva-1917.

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The Serbs are a national group which has been disliked by the Croats for hundreds of years. Even before Croatia became a part of Yugoslavia, the country wanted its independence. However, before and after the break up of Yugoslavia, there was a strong nationalism in the country which led to hatred towards the Serbs and the Serb minorities in Croatia. Studies have shown that minorities often are disfavoured by the majority decisions. This leads to a disadvantageous position for the minorities in the relation to the majority. The problem is how a state should compensate these groups for their disadvantageous position to be able to ensure justice and equality for all citizens within the country.

The aim of this thesis is to compare Croatia’s formal national minority rights with the actual national minority rights of the Serbs and to see whether they coincide with each other. The research questions are:

• What formal minority rights do Croatian Serbs have in Croatia?

• What minority rights do Croatian Serbs have in reality?

The method used in this study is the qualitative text analysis.

The conclusion of this thesis is that Croatia has a positive attitude towards minority rights and the Serb minority, as Croatia has allocated group-differentiated rights to its national minorities. The Croatian view upon national minority rights coincides to a large extent with Will Kymlicka´s theory. Furthermore, the formal rights and the virtual rights regarding education, language, culture and proportional representation coincides to a great extent if not precisely.

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20

Manikis, Marie. "Rhetoric or reality? : victims' enforcement mechanisms in England and Wales and the United States". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:3232cd82-c9d6-486d-b841-25528cd294ba.

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Recent policies in England and Wales and the United States have recognised for the first time enforcement mechanisms for victims of crime under the Crime Victims’ Rights Act (CVRA) in the United States as well the Code of Practice for Victims of Crime in England and Wales (the Code). Although very different from one another, these policies ostensibly aimed to provide a stronger commitment to victims’ rights, by recognising an accessible, timely and impartial process that recognises accountability and provides individual remedies in cases of breaches. This thesis engages in a careful in-depth analysis of these mechanisms and their implementation based on elite qualitative interviews, case law analysis and a multidisciplinary examination of the relevant literature. It argues that on the whole, these mechanisms have presented a number of limitations, and thus in many respects cannot and have not delivered accessible, and timely means to respond to victims’ rights breaches. Most importantly, it demonstrates that for certain types of breaches and in certain contextual settings, these mechanisms have recognised only limited or no redress at all for breaches. This research takes the available victims’ literature further by arguing that many of these promises have been closer to rhetoric than reality and providing a more nuanced portrait of the substantial difficulties and limitations that relate to these enforcement mechanisms. In effect, these limitations can be understood in light of the nature and structural components of these selected mechanisms, as well as the ways they have been implemented by the main actors involved in these processes and the different contexts under which the different types of breaches take place. Finally, despite their limitations, when compared to one another, each mechanism can be considered a better option for access, timeliness and redress – depending on context and the type of breach. Following from this analysis, a complementary approach is developed which can facilitate and increase opportunity for redress for a wider range of situations. It is important to bear in mind however the limits of the complementary approach; namely, that it only includes elements inspired from the two mechanisms examined in this thesis and that there are several limitations that relate to transplants and policy transfers.

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21

Jones, Benjamin Nicholas Farror. "British politics and the post-war development of human rights". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e680adc1-a3e9-4c7a-be6d-0f3b374fb209.

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In this thesis I explore the attitudes, arguments, and actions of British political elites in connection with the development of human rights law in Europe and the UK. I do this by examining British input into five key episodes for the development of European supranational rights and their incorporation into domestic legal orders (namely the drafting of the European Convention on Human Rights 1950, the drafting of the European Social Charter 1961, the acceptance of individual petition in 1966, the failed 1970s Bill of Rights debate, the passing of the Human Rights Act 1998, and recent developments such as the UK ‘opt-out’ to the EU Charter of Fundamental Rights, and the emergence of a new ‘British Bill of Rights’ debate). Casting light on British involvement in less examined periods in European rights development, I challenge existing, isolated, explanations for the more focal episodes (such as Simpson’s rational-choice post-colonial thesis for individual petition acceptance, and ideological accounts for New Labour’s post-1997 constitutional reform). Responding to the most recent literature in the area, central to my analysis is the question of how rights progress relates to inter-party conflict. By considering continuities and discontinuities in elite political discussion of rights I argue that while conflict is a significant underlying feature of every major episode of rights progress during the last sixty years, and is less evident in less progressive periods, other factors have had a greater influence over the form, timing, and extent of rights progress. Most significant amongst these is the constitutional ideological development of the Labour party and the critical connection between Labour’s elevation of the Convention within the UK constitutional space and revisionist shifts in party thinking.

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22

Hilly, Laura Ellen. "Experienced justice : gender, judging and appellate courts". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d3f64853-898a-4c01-a17e-819d6a095f52.

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The under-representation of women in the senior appellate judiciary in common law jurisdictions remains an enduring problem. Much has been written about the lack of women’s participation in the judiciary and what strategies, if any, should be undertaken in order to resolve this persistent problem. However, this thesis takes a step back to ask a broader question: what impact does gender diversity have upon judicial decision making in appellate courts? It seeks to answer this question by engaging feminist standpoint theory to assess the experiences of men and women judges from three common law jurisdictions: England, South Africa and Australia. Through a series of interviews conducted with members of the senior judiciary in these jurisdictions in 2012 and 2013, this thesis explores the extent that interviewees consider that gendered experiences impact upon their own judging, and judging within the dynamics of collegiate appellate courts. This thesis concludes that while it is not possible to pinpoint one particular ‘contribution’ or ‘impact’ that gendered experiences have upon judging, it is nonetheless generally considered by those interviewed to be an important part of the judicial decision making process in several subtle, yet important, ways. Because of the considerable role that diverse gendered experiences play in judicial decision making, appointments processes should be sensitised to the need for diversity of experience and alive to the danger of ostensibly neutral appointment criteria devaluing diverse experiences, particularly the experiences of women in the law.

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23

區少玫. "澳門基本法監督制度的若干問題研究 = The studies of certains questions about the supervision system of the Basic Law of Macau". Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2129879.

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24

August, Fredriksson y Ninve Papajannou. "Abstrakt normkontroll som garant för den konstitutionella överhögheten : En komparativrättslig studie mellan Sverige och Frankrike". Thesis, Södertörns högskola, Offentlig rätt, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-32318.

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Judicial preview acts as a tool to assure that no laws to be enacted conflicts with the constitution. For that reason, it is of importance that the authorities set to perform the judicial preview are independent towards the ruling power. The aim of this essay is to do a comparison between how judicial preview is done by the Council on Legislation in Sweden and by the Constitutional Council in France. The essay examines how this preview acts as a tool to guarantee the supremacy of the constitution and to insure a none confrontational legal system. This is done with the help of the method of comparative law and the legal dogmatic method. The result of the analysis shows that judicial preview plays an increasingly important role of guaranteeing the supremacy of constitutions in legal systems of increased complexity and in societies that are experiencing political tensions. The result also shows that the constitutions in both Sweden and France is increasing in importance to protect the ways of government, democracy and basic rights for the citizens. Based on the analysis the forms of judicial preview should be reviewed and stronger safeguards for the constitution may be of interest in the future.

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25

Roberts, Douglas Stuart. ""The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community"". The Ohio State University, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=osu1420395127.

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26

Frye, Saylor. "The Unrepresentative Nature of the Electoral College". Wittenberg University Honors Theses / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=wuhonors1623847201581298.

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27

Juan, Vivian 1959. "Tohono O'odham constitution in transition". Thesis, The University of Arizona, 1992. http://hdl.handle.net/10150/291939.

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This thesis attempts to determine what local and national issues between 1937 and 1986 influenced the Tohono O'odham decision to revise their constitution. The Tohono O'odham Nation is still in a transitional phase of constitutional revision. Thesis suggests a number of factors that hinder the smooth transition of the revisions into the 1986 revised constitution. Such factors include the fact that there seems to be an unequal distribution of power among the Executive, Legislative, and Judicial branches allowing too much power to reside in the Legislative branch of the government, and continues to instill political weight in the Legislative council even after the pre 1986 tribal council. Two recommendations are offered for future consideration of the revisions in the present constitution. They are, (1) to create a more representative constitutional review committee that includes tribal elders, and (2) an equal distribution of power in the three branch form of government.

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Standring, P. N. "Studies of colour and constitution relationships in azoacetoacetanilide pigments". Thesis, Heriot-Watt University, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234729.

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Mayo-Bobee, Dinah. "Slavery in the Constitution". Digital Commons @ East Tennessee State University, 2016. https://dc.etsu.edu/etsu-works/740.

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Nicosia, Matthew. "Fear and the Dynamics of Identity Constitution in Battlestar Galactica". Bowling Green State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1313678981.

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House, Jo Anne. "Exploring Deliberation and Participation: Tribal Membership Meetings under Indian Reorganization Act Constitutions". ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/1044.

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Based on a review of one tribal government's strong membership powers exercised in General Tribal Council (GTC) meetings, tribal leaders do not analyze or review the activities in those meetings on an ongoing basis to determine where or if improvements are needed or are effective when implemented. The purpose of this study was to bridge the gap in empirical studies and to identify a process by which tribes can review GTC meetings to implement continuous improvements. Based on the tenets of Habermas' deliberative democracy framework, this qualitative study used the Discourse Quality Index (DQI) to determine the level of participation and deliberation occurring in membership meetings. Through a content analysis of transcripts from a year of GTC meetings of a single tribe, findings provided insight on speaker interruptions, reasons underlying opinions, respect given to others, and community-based decisions. The findings also identified that GTC meetings score high in all elements except regarding respect for others. By focusing on improvements in deliberative forums, Tribal leaders can create a more inviting atmosphere to individuals to speak, improve community networking, and increase levels of respect for others. Implications for social change are the development of meetings that improve over time, resulting in the generation of a greater range of solutions to public issues and creation of networking relationships as members hear other solutions and positions.

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32

Langa, Patrício Vitorino. "The constitution of the field of higher education institutions in Mozambique". Master's thesis, University of Cape Town, 2006. http://hdl.handle.net/11427/11301.

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Includes bibliographical references (leaves 95-101).
The aim of this study is to investigate the implications of the expansion and diversification of public and private higher education institutions in Mozambique. There are two distinct stages of that expansion. The first stage is characterised by the establishment of two public higher education institutions, namely, the Higher Pedagogic Institute (ISP) in 1985, and the Higher Institute for International Relations (ISRI) in 1986, joining the University Eduardo Mondlane (UEM) founded in 1962. The second stage is characterised by the emergence both of more public higher education institutions, but particularly by the emergence of a new type of higher education service supplier, the private higher education institution. An accelerated process of expansion and diversification of higher education institutions begins in the mid 1990's. The first non-governmental higher education institution to open was the Higher Polytechnic and University Institute (ISPU), and the second was the Catholic University (UCM), a religious institution, both established in 1995. ISPU and UCM were followed in 1998 by Higher Institute of Science and Technology of Mozambique (ISCTEM) , a technological institute, and by the Mussa Bin Bique University (UMBB), an Islamic university. In 2000 the Higher Institute of Transport and Communication (ISUTC) was also established. Currently; there are 23 legal higher education institutions both public and private. Drawing on Bourdieu's theory of social field, this study analyses whether the constellation of higher institutions is functioning as a field. I hypothesise that as a result of the expansion and diversification of higher education institutions a very specific constellation is taking place leading to constitutive patterns and forms of interaction which resemble those identified by Bourdieu as typical of a field. The empirical work takes the form of an exploratory study designed to establish the structure of positions of higher education institutions in a social space of capital. The dissertation finds that institutions can be positioned in a hierarchical and structured space of capital on the basis of the differential distribution of different form of capital (cultural, economic, scientific, and social).The findings also suggest that well-established institutions are likely to have more capital and thus to be positioned in a dominant position in terms of symbolic capital. This is the case of UEM amongst the public institutions, displaying a high level of cultural capital (highly qualified academic staff), with significant number of its academic staff in higher positions in the academy, as also having a relatively larger number of income sources compared to Pedagogic University (UP), Higher Institute of International relations (ISRI) and the Police Academy (ACIPOL).

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Saeedi-Arcangeli, Sepideh. "The process of community constitution on the Iranian Plateau during the Proto-Elamite horizon". Thesis, State University of New York at Binghamton, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3717914.

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In this dissertation I explore the relationship between spatial organization of domestic practices and their role in the process of community constitution at the local and regional levels during an enigmatic time period on the Iranian Plateau called the Proto-Elamite horizon. This horizon spans from the end of the fourth millennium and the beginning of the third millennium BCE (i.e. 3100-2700 B.C.E.) and marks the beginning of a period of widespread social and political administrative complexity on the Iranian Plateau. For this study, I reviewed the preliminary and published reports of 12 settlements that contain material culture of the Proto-Elamite horizon. I have chosen to investigate the daily practices and patterns of usage of domestic spaces in four of these settlements. I have studied the quality and quantity of macro-remains and artifacts, including architectural features, ceramics and small finds, to infer the types and intensities of daily practices, subsistence patterns and the way indoor and outdoor areas were used in each of these settlements. Then the results are compared in order to examine the similarities and differences among local communities and the possibility of the existence of a larger imagined community in this vast territory during this time period. In this study, I demonstrate that the perceived uniformity of the Proto-Elamite horizon in different settlements is only superficial. Due to the variations in the types and intensities of daily practices and the pattern of presumed domestic space usage, certainly social practices involved in creating and maintaining the Proto-Elamite communities were far from homogenous. The Proto-Elamite horizon as an imagined community functioned more or less as a network with nodes and links that in some cases bypassed certain geographic areas. The Proto-Elamite phenomenon was constituted of local and imagined communities coexisting as nested and/or cross-cutting entities. Shared living conditions in local communities and frequent interactions among their members gave each local community its own character different from the fluid larger imagined community. Ultimately however, local and imagined Proto-Elamite communities were not fully separate and distinct. The Proto-Elamite network was dynamic and did not penetrate every location into the same cultural mould.

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34

Mayo-Bobee, Dinah. "The U.S. Constitution and Slavery Debate". Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etsu-works/735.

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35

Doyle, Daniel S. "A Discourse-Proceduralist Case for Election and Media Reform after Citizens United". Ohio University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1339711190.

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Mathe, Audrin. "Persuasion as a social heuristic: A rhetorical analysis of the making of the constitution of Namibia". Doctoral thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/3546.

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The study focuses on the rhetoric used during the drafting of the Constitution of the Republic of Namibia. The thesis will offer a framework for understanding negotiations in terms of distinct and coherent rhetoric. Primary sources for this thesis consist of five volumes of the Hansard of the Standing Committee on Standing Rules and Orders and Internal Arrangements of the Windhoek Constituent Assembly. To understand the rhetoric under which the Namibian Constitution was drafted, the Hansard of the Standing Committee was analysed. By analysing the Hansard, one can begin to formulate a picture of the rhetoric that led to a new Constitution of the Republic of Namibia and begin to understand rhetoric in the Namibian context. In order to make valid assertions, one has to go beyond what was said in the Constituent Assembly and look at what the participants said elsewhere. The thesis is concerned here with their words, not with their thoughts. But there is a recognition that sometimes thoughts matter as much as words. No judgements are made on the merits of their arguments. The study simply intended to examine their rhetoric and how rhetoric impacted on the final outcome of the negotiations. The study revealed that, with very few exceptions, most of the debates of the Windhoek Constituent Assembly were initially built on argument and many of them were solved through practical reasoning. This can be explained in part by the attitude of the members and in part by the constraint of the process. The study also revealed that the informative role of deliberation helped the framers of the Namibian constitution to form a more complete set of preferences than they originally had or even forced them to change positions when they were exposed to the full consequences or incoherence of their original proposals. For another, when political actors needed to justify their proposals, they found that impartial arguments were not available or, if they were, they were too obviously tied to a particular interest to be convincing. vi Persuasion as a Social Heuristic: A Rhetorical Analysis of the making of the Constitution of Namibia The appeal to fear strategy, as a means to enable delegates to better recognise the nature of the problems facing the political community and to begin thinking about potential solutions, was clearly at play at the Windhoek Constituent Assembly. Finally, the proceedings of the Windhoek Constituent Assembly which framed the Constitution show that many of the provisions of that instrument which are seemingly straightforward and artless rest in reality upon compromises, and are often laboured and tortuous. The outcome of constitution-making in Namibia was greatly influenced by the exchange of arguments and counter-arguments among the framers.

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37

Vakilian, Hassan. "The impact of the Iranian Constitution on the law making power of the parliament (Majlis)". Thesis, University of Hull, 2008. http://hydra.hull.ac.uk/resources/hull:5539.

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In this research the law making power of the Iranian parliament is studied at two levels: Firstly, the power of the parliament according to the Constitution is explored. Secondly its power in real politics is analysed. It is shown that the law making power of the parliament as an elected institution can be limited by the unelected institutions which are enshrined in the Constitution. Also the political composition of the elected institutions (parliament and executive) whether they are Conservative-dominated or Reformist-dominated, can define the actual law making power of the parliament. It is concluded that the law making power of the parliament oscillates on a spectrum: at one end there is a weak law making legislature and at the other end one can see a policy influencing legislature. The main content of the chapters is as follows: The first chapter is dedicated to introduction where the research questions and thesis methodology is explained. In the second chapter the most important literature, especially that which considers the external and internal variables and typology of legislatures, is reviewed. In the third chapter the historical evolution of the Iranian Parliament in the Qajar, First and Second Pahlavi Eras is briefly discussed. The fourth chapter is dedicated to the Iranian parliament in the Islamic Republic Era. The key concepts which can explain the logic of the distribution of power within the Iranian Constitution, the relationship of the parliament to the executive power (elected institution) and other power centres ( unelected institutions), and the type of the political regime on the basis of the amended Constitution of 1989, is explained. Theoretical propositions are tested in chapter five. The Sixth and Seventh terms of the parliament, where the political composition changed fundamentally from one to the other, are chosen for case study and their law making power during the budget process analysed. The dichotomy of elected and unelected institutions is applied to the case in this chapter. Then the contribution of the elected and unelected institutions during the budget process is explained. The next part of this chapter considers the Sixth Majlis and its political context in general. The Majlis and executive interactions and the interaction of these two elected institutions with the Guardian Council and Expediency Council especially during the budget process, are analysed. The same approach is deployed for the Seventh Majlis which in terms of political composition was in stark contrast to the Sixth Majlis. It is shown how the political composition of the elected and unelected institutions can increase or decrease considerably the law making power of the Islamic Consultative Assembly. The overall conclusion of the thesis is provided in chapter six.

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38

Herrero, Alvaro J. "Court-executive relations in unstable democracies : strategic judicial behaviour in post-authoritarian Argentina (1983-2005)". Thesis, University of Oxford, 2007. http://ora.ox.ac.uk/objects/uuid:bd89e8f6-2b98-4336-9ec2-110c3d362da3.

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This dissertation deals with court-executive relations in post-authoritarian Argentina (1983-2006). Specifically, I analyse Supreme Court behaviour in highly sensitive cases to determine whether the tribunal has cooperated with or obstructed the government’s policy preferences in three key policy areas: human rights, economic emergency and pensions. This innovative type of approach – i.e., focusing on a small number of highly sensitive decisions – allows me to concentrate on cases that are genuinely important for the government or, more precisely, for the country’s political administration. There are cases that are significant for the State apparatus but irrelevant for the president (thinking of politicians as self-interested actors). My research uses a rational choice approach to courts, underscoring the strategic nature of judicial behaviour. This vision of judges provides a more accurate account of judicial-executive relations by bringing politics into the study of courts. By focusing exclusively on attitudes and apolitical jurisprudence, other visions take for granted the institutional context. Political stability, for example, cannot be assumed in many developing democracies. My findings indicate that the Argentine Supreme Court has consistently avoided obstructing the president’s policy preferences. Such behaviour is motivated by strategic considerations: judges are risk-averse actors that avoid clashing with the executive. For most of the time, the Supreme Court has operated under unified government, which increases the chances of being punished for anti-government decisions. Two other factors also account for the court’s risk-averse behaviour. First, procedural rules grant the Supreme Court wide discretion over its docket. The tribunal has used such discretion to strategically select the timing of its decisions. Second, recurrent democratic breakdowns have repeatedly led to attacks against the court, such as impeachment, irregular dismissals, and/or enlargements. Third, politicians exert broad control of judicial promotions, allowing them to block the careers of independent, courageous judges that act as a check on political power.

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Clark-Wiltz, Meredith. "Revising Constitutions: Race and Sex Discrimination in Jury Service, 1868-1979". The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1305652946.

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Handrup, Karsten. "Synchrotron radiation based studies of complex molecules on surfaces". Thesis, University of Nottingham, 2014. http://eprints.nottingham.ac.uk/13988/.

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In this thesis two single molecule magnets based on the dodecamanganese (III, IV) cluster, with either benzoate or terphenyl-4-carboxylate ligands have been studied on the Au(111) and rutile TiO2(110) surfaces. We have used in situ electrospray deposition to produce a series of surface coverages from a fraction of a monolayer to multilayer films in both cases. X-ray absorption spectroscopy measured at the Mn L-edge (Mn 2p) has been used to study the effect of adsorption on the oxidation states of the manganese atoms in the core. In the case of the enzoate-functionalized complex, reduction of the manganese metal centres is observed due to the interaction of the manganese core with the underlying surface. In the case of terphenyl-4 carboxylate, the presence of this much larger ligand prevents the magnetic core from interacting with either the gold or the titanium dioxide surfaces and the characteristic Mn3+ and Mn4+ oxidation states necessary for magnetic behaviour are preserved. In contrast to the single molecule magnets where no charge transfer between the molecules and the substrates or within the molecules themselves were wanted, the molecules of bi isonicotinic acid and the giant zinc porphyrin nanorings have been studied on rutile TiO2(110) and Au(111) surfaces in the pursuit of charge transfer. In the case of the bi-isonicotinic acid it is studied on the rutile TiO2(110) where the technique of resonant inelastic X-ray scattering was been employed. Here we introduce the core-hole clock implementation to estimate the charge transfer from the molecule to the substrate. We verify previous results of ultrafast charge transfer in the sub-femtosecond regime (2.9 ± 0.3 femtoseconds) out of the LUMO+1 orbital. When the higher lying state of the LUMO+2 state is probed charge transfer out of this state and to the substrate is possibly there, but it is not possible to resolve it since it is masked by other effects originating from the inelastic scattering of the system. Furthermore, we see potential charge transfer within the molecule itself and new states observed in the inelastic scattering. Finally, zinc porphyrin nanorings were investigated on two surfaces of rutile TiO2(110) and Au(111). The techniques used here were X-ray photoemission spectroscopy and resonant photoemission spectroscopy. When the rutile TiO2(110) surface was employed hardly any participator decay was present suggesting charge transfer within the molecule itself or to the surface. This is further backed up by the fact that all of the core-excited unoccupied states are found to overlap energetically with the unoccupied states of the substrate, facilitating charge transfer out all the core-excited states. In the case of the Au(111) surface somewhat similar results are found, having all the core-excited states of the molecule located within the unoccupied states of the substrate, which again will facilitate charge transfer out all the core-excited states of the molecule. When the Au(111) substrate was employed the technique of near edge X-ray absorption fine structure was used to investigate the geometric orientation of the molecule on the surface. With the result of 86◦ ± 10◦ to the surface normal we verify previous scanning tunneling microscopy measurement that the zinc porphyrin nanorings will take a at lying orientation on the gold substrate.

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41

Molyneaux, M. E. "The impact of a change in political constitution on early Palestinian Judaism during the period 175-161 B.C.E". Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53121.

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Thesis (MA)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: This study looks at a watershed period in the history of Judaism. In 175 B.C.E. a group of Jews sought to break Judaea out of the isolation in which it had stood since the Persian period. They wished to develop closer ties with their neighbours in Coele-Syria and Phoenicia and the Greek world in general. Since the Persian period the people of Judaea had been governed by high priests according to the 'ancestral laws' i.e. the Torah and its interpretation by Ezra. This 'ancestral law' had been confirmed as binding on all Jews by Antiochus III in his decree of 198 B.C.E. In order to move beyond the restrictions placed on contact between Jews and other peoples, it would be necessary to have the political status of Judaea changed. A change of political status could only be brought about by the king or one of his successors. In 175 B.C.E. a group of Jews requested Antiochus IV to permit them to transform Judaea from an ethnos into a polis. He agreed and the transformation was begun. It is these events of 175 B.C.E. that form the base of this study. The writer uses the model of Cultural Anthropology to form a framework in which these and subsequent events can be analysed. In this way we can get a better understanding of how events progressed. How a political reform ended in a religious suppression and persecution and finally a successful revolt against the Seleucid kingdom. The Torah and its interpretation stood at the center of Jewish life. Each group interpreted the law in their own way and understood events in relation to this interpretation. Therefore no analysis of this period can be undertaken without taking the law and its various interpretations into account. The law is the thread that holds all facets of this work together.
AFRIKAANSE OPSOMMING: Hierdie studie handeloor 'n tydperk van waterskeiding in die geskiedenis van die Judaïsme. In 175 ve. wou 'n groep Jode in Palestina wegbreek uit die isolasie waarin hulle hulleself bevind het sedert die oorname deur die Persiese ryk. Hulle wou graag nouer bande met hulle buurstate en die Griekse wêreld aanknoop. Sedert die Persiese tydperk is die mense van Juda deur hëepriesters regeer, volgens die 'voorvaderlike wette', dws die Torah en sy vertolking volgens Esra. Alle Jode was gebind deur hierdie 'voorvaderlike wette' deur Antiogus III se dekreet van 198 ve. Indien die mense die beperkings teen kontak met ander volke sou wou ophef, sou dit nodig wees om die politieke status van Juda te verander. Net die koning of een van sy opvolgers kon die politieke status van Juda verander. In 175 ve. word Antiogus IV deur 'n groep Jode gevra om verlof om Jerusalem in 'n Griekse polis te omskep. Hy het ingestem en die omskepping het begin. Hierdie gebeurtenisse van 175 ve. vorm die basis van hierdie studie. Die skrywer gebruik die kutuur-antropologiese teoretiese model as raamwerk vir die ontleding van hierdie en opvolgende gebeurtenisse. Hierdie model stelons in staat om die ontwikkelinge in Juda beter te verstaan en meer spesifiek 'n antwoord op die volgende vraag te kry: "Hoekom het politieke hervorming tot godsdienstige verdrukking en vervolging aanleiding gegee en in die finale instansie tot 'n suksesvolle opstand teen die Seleukied koninkryk gelei?" Die Torah en sy vertolking het die sentrum van die Joodse lewe gevorm. Elke groep in Juda het die 'wet' op sy eie manier vertolk en ontwikkelinge in verband daarmee probeer verstaan. Daarom is dit nie moontlik om hierdie tydperk te bestudeer sonder 'n erkenning van die waarde van die 'wet' en sy verskillende vertolkings nie. Die 'wet' is die goue draad wat hierdie studie byeen hou.

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42

Golubic, Selma y Felinda Wennerberg. "Konkret normkontroll som garant för konstitutionalismen : En komparativrättslig studie av den konkreta normkontrollen i Sverige och i Bosnien och Hercegovina". Thesis, Södertörns högskola, Institutionen för samhällsvetenskaper, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-30608.

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I Europa finns det flertal exempel på länder där den politiska makten utnyttjat sin maktposition, vilket har resulterat i ett lidande för befolkningen. Många länder och dess medborgare har varit utsatta för diktaturstyre, maktmissbruk och kränkningar av mänskliga rättigheter. En konstitution kan fungera som ett medel för att garantera medborgarna vissa fri- och rättigheter samt att begränsa den styrande makten från att kränka de värderingar som är tänkta att prägla samhället. Den mest grundläggande författningen i ett rättssystem utgörs av en eller flera grundläggande författningar, dessa grundlagar anger riktlinjer för vilka värderingar och normer som ska styra samhället. Grundlagen, konstitutionen eller statsförfattningen ska tillförsäkra en normgivande funktion i ett rättssystem genom att reglera bland annat bestämmelser om sin överordnade ställning. Den överordnade ställningen innebär att den genom sina stadganden ska vägleda den lagstiftande makten till att anta lagar som är förenliga med grundlagen. Konstitutionen kan också tillförsäkra alla medborgare deras rättigheter att delta i det politiska rummet, genom att föreskriva grundläggande värderingar som tillförsäkrar att minoriteters rättigheter garanteras. Ett viktigt element i konstitutionalismen är just att begränsa att en politiskt vald makt inte ska kunna ändra på grundläggande författningar som enbart syftar till att gynna majoritetsåsikter i landet. Däremot finns det inga krav på vilka värderingar som konstitutionen ska föreskriva, ett lands författning kan vara god eller ond och tillförsäkra medborgarna skilda rättigheter och binda landets lagstiftande makt på olika sätt. Bosnien och Hercegovina (BiH) är ett land som grundar sig på en konstitution som landet själv inte har författat. Konstitutionen är unik eftersom den är skapad av omvärlden i samband med Dayton Peace Agreement med syftet att bygga upp en stat som ska tillförsäkra fred och rättvisa. Sverige däremot är ett land som har en lång tradition av fred och ett stabilt välfungerande samhälle, ett land där den politiska makten verkar med folkets förtroende. Konstitutionen har historiskt sett inte haft en stark ställning i Sverige och behovet av att begränsa den politiska makten har inte alltid varit en prioritering. För att försäkra konstitutionens genomslag i ett land och att den efterlevs av den lagstiftande makten krävs det någon form av kontroller som kan tillförsäkra konstitutionens effekt. Kontrollerna kan göras i form av preventiv normkontroll som utövas innan parlamentet antagit en lag och ett system av efterhandskontroll av redan antagna lagar. Båda formerna av kontroll utövas i BiH och i Sverige. I BiH utövas den preventiva normkontrollen av The Constitutional Legal Commitee (Ustavnopravna Komisija), vilka granskar alla lagförslag och andra juridiska akter under lagstiftningsprocessen i parlamentet. I Sverige finns ett liknande organ, Lagrådet som på begäran av regeringen eller aktuellt riksdagsutskott uttalar sig om ett lagförslags grundlagsförenlighet innan lagen ska antas av riksdagen. Utöver den preventiva kontrollen finns det även en möjlighet att genomföra efterhandskontroll av lagarnas grundlagsförenlighet i länderna. I BiH har författningsdomstolen ensam kompetens i att utöva den konkreta normkontrollen och har möjlighet att kräva en ändring av en lag eller att kräva upphävning av en rättsakt som bedömts vara oförenlig med den nationella konstitutionen. I Sverige utövas den konkreta normkontrollen av alla de allmänna domstolarna men också av förvaltningsmyndigheterna. Om något av dessa organ skulle förklara att en lag inte är förenlig med grundlagen kan de enbart åsidosätta den grundlagsstridiga lagen i det aktuella ärendet.9 BiH och Sverige är länder med tämligen olika konstitutioner och de har valt skilda metoder för att garantera konstitutionens genomslag. Uppsatsen kommer att belysa ländernas likheter och skillnader vid den konkreta normkontrollen samt undersöka vad för effekter dessa skilda modeller av konkret normkontroll ger för att försäkra konstitutionens värderingar och dess genomslag.

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43

Owens, Robin L. "My Faith in the Constitution is Whole: Barbara Jordan Signifies on Scriptures". Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cgu_etd/101.

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This dissertation is a critical investigation of the engagements of scriptures in the life and speeches of U.S. Congresswoman Barbara C. Jordan (1936–1996). I engage in a research methodology that utilizes critical historical, auto/biographical, literary, and rhetorical analyses. My research agenda is to explain how scriptures work and are used by Barbara Jordan to illustrate an example of a larger phenomenon of scripturalizing and scripturalization outside of the context of institutional religion. In order to give a fuller context to Barbara Jordan’s rhetorical strategies, as an African American woman, I first consider the lives, speeches and use of scriptures of formidable 19th century African American women orators and political activists, Maria W. Stewart and Anna Julia Cooper, who serve as functional equivalents or precursors to Barbara Jordan. In this study, I found that Barbara Jordan makes American scripture, i.e. the Constitution, function in her speeches as a central component in a discursive rhetorical strategy of indirection, which I refer to as signifying on scriptures. She uses the Constitution, along with her personal history as an African American woman, to pretend mere sociopolitical conviction about social injustice. However, at the same time, she is strategic and intends to promote advocacy for racial justice and gender equality. Jordan uses the Constitution to signify on scriptures in a similar manner to how Maria W. Stewart and Anna Julia Cooper use Christian scriptures, i.e. the Bible, in their speeches to negotiate social and political power.

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44

Jeppie, Shamil. "Historical process and the constitution of subjects : I.D. du Plessis and the reinvention of the "Malay"". Bachelor's thesis, University of Cape Town, 1987. http://hdl.handle.net/11427/27601.

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The purpose of this thesis is to examine how a ruling-class actor attempted to reinvent and reconstitute an ethnic subject. Dr I.D. Du Plessis was, among other things, an Afrikaner litterateur and Commissioner of Coloured Affairs between 1930 and 1962, the period covered by this thesis. In Cape Town he applied himself to "preserve" what was known as "the malays". Although having an historical presence in Cape Town, defining the "malays" was always a problem as their very basis was in the process of being eroded as industrialisation forced social and communal changes. But the specificity of the "malays" was not an ethnic specificity with a rigid system of control and leadership, and staunchly cast against other sets of "identities" (such as Indians or "coloureds"). As chapter one shows, Du Plessis initiated the project at a conjuncture when the existence of ethnic units was presumed and the efforts to "preserve" them were profoundly political. A background to his ideological location is also discussed. From his particular location he journeyed amongst the "malays" and attempted to reinvent them as a specific ethnic unit fixed in space and time. Chapter two presents Du Plessis' model of "malay ethnicity" and its roots in history.

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45

Hogan, Conor. "A Merely Comic Conclusion: A Comparative Analysis of Xenophon’s Spartan Constitution". Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2162.

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In this paper, I hope to do a small part to bridge the gap that has emerged in this scholarly debate between the historicist and Straussian views of Spartan society. To that end, this paper will analyze the Spartan Constitution according to the Straussian method. That is, I will engage in a close reading of the text, only referencing outside, secondary sources directly when necessary and appropriate. In other cases, their views will simply color this analysis and be referenced as supporting evidence in footnotes. Strauss chose to have only a superficial interaction with the existing scholarship at the time of publishing his essay, and I therefore believe it will be more beneficial to see what this approach would look like from the historicist perspective. When the same approach is taken, the heart of both camps’ arguments will be exposed, allowing them to be more easily compared. The paper will begin with a reading exploring the themes of Xenophon’s work according to a historicist perspective. After a brief aside explaining and motivating the Straussian esoteric argument to a greater extent, the paper will move on to a similar close-reading of the Spartan Constitution, following Strauss’ essay where appropriate and extending his arguments where necessary. Through this process, the paper aims to show that the perceived separation between the historicist and Straussian interpretations appears to be much greater than it, in reality, is.

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46

Culleen, Chandos Philip Weisbroth. "The Hawaiian Constitution of 1840: Acquiescence to or Defiance of Euro-American Pacific Colonialism?" Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/293537.

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The Hawaiian Constitution of 1840 has often been portrayed as the inescapable end-result of missionary led efforts to overthrow traditional Hawaiian ways of life. This thesis argues that the Constitution was in fact the result of deliberate steps taken by the Hawaiian leadership to defend against growing European and American colonialism in the Pacific. Further, this work will demonstrate that while the Hawaiians adopted the trappings of Euro-American government, the institutions they used to govern themselves remained primarily Hawaiian. Primary source material will be used to detail the process by which the Constitution was written and conduct an in-depth analysis of many of the structures embodied in the Constitution. Contemporary Hawaiian diplomatic efforts will also be discussed as a way of contextualizing the Constitution's place in the midst of colonial ventures and as proof that the Hawaiians were engaged in several efforts to protect their sovereignty.

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47

Dwyer, Laurel Kristin. "Elections and Tensions and Constitutions! Oh, My! A Process-Oriented Analysis of Bolivian Democratization from 1993 to 2009". Scholar Commons, 2011. http://scholarcommons.usf.edu/etd/3083.

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Many Latin American countries which underwent democratic regime transformations within the last thirst years have seemingly stalled. Unable to meet the demands of their citizens, which grow increasingly restless and confrontational, they have become subjected to a series of economic and political crises. Contemporary democratic theorists are at a loss to explain why this region has failed to deepen over time. The purpose of this paper is threefold: it questions the analytic utility of contemporary liberal and representative models, it argues for the inclusion of an alternative process-oriented model provided by Charles Tilly (2007), and tests this model through a partial application to Bolivia from 1993-2009 in hopes of elucidating a clearer state of democratization than contemporary models offer. The analysis portion focuses on the incorporation of networks of trust into public politics, and determines what effect(s) this had on Bolivian democracy during the time period under review. It is hypothesized that an increase in the integration of interpersonal trust networks with public politics will result in democratization, which is measured through changes in demand incorporation, protection, equality, and state-society accountability. A diachronic analytical narrative is constructed to identify the mechanisms and signs associated with the emergence and incorporation of trust networks into public politics and then evaluated in terms of state-society transformation. The findings suggest that new trust networks were created following the political restructuring done during the Sánchez de Lozada presidency, deepened over the next four presidencies, and integrated in their fullest capacity during the first part of Evo Morales's term. This process affected the contemporary representative and structural nature of the state itself, and shows positive changes in demand incorporation, protection, equality, and state-society accountability. Finally, it is concluded that when compared with popular measures of democracy, this model has more explanatory power, and Bolivia did democratize within the period of analysis.

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48

Torstensson, Portocarrero Daniela. "Legal Rights to Nature as a Fundamental Step towards a Planet in Harmony : Exemplified by the process that led up to Ecuador’s Constitution of 2008". Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-392754.

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The Rights of Nature is an emerging concept within sustainable development, it states that the current environmental laws are not enough to protect nature from human harm. The movement emphasize the need to acknowledge other living entities in our law systems, regardless of their use or benefit for humans. It requires a paradigm shift in the way that modern societies relate to nature, moving from an anthropocentric to an ecocentric age. The first and only nation that has enacted the Rights of Nature in its constitution is Ecuador in 2008. On a global scale this is an historic event challenging the human norm of acting superior to nature. Due to the magnitude of this event, this inductive study investigates the causal mechanisms of the process leading up to this change. The paper proposes a chain of historic events all interlinked to the indigenous values of the Andes, Sumak Kawsay. Throughout the research, the findings created a hypothesis arguing that the Rights of Nature in the Ecuadorian constitution was a collective effort of indigenous movements and political agendas by influential scholars.

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49

Sun, Cheng. "Quantum dynamics and tunnelling of methyl rotors studied by field-cycling NMR". Thesis, University of Nottingham, 2009. http://eprints.nottingham.ac.uk/10751/.

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Quantum dynamics and tunnelling of methyl rotors has been studied using field-cycling nuclear magnetic resonance (NMR) spectrometer, in a variety of samples. The characteristic frequency of the tunnelling motion of methyl groups has been investigated using both low-field dipole-dipole driven experiments and tunnel resonance level-crossing experiments. The classical hopping and quantum tunnelling of methyl groups have been studied by making temperature-dependent and field-dependent measurements of the spin-lattice relaxation time T1. The spectral density functions of the dipolar interaction, mediated by the rotation of methyl groups, have been directly plotted, and the correlation times characteristic of the rotational motion have been determined. Electron spin resonance (ESR) tunnel resonance spectra have been studied in samples with unpaired electrons by making resonant contact between the methyl tunnelling reservoir and the electron spins. The phenomenon of dynamic proton polarisation (DNP) has also been investigated in these samples. Experiments demonstrating the cooling of methyl tunnelling reservoir and the diffusion of energy amongst tunnelling reservoirs are presented. In low-field dipole-dipole driven experiments, in order to avoid the tunnelling transition saturation problem, the sideband stirring radiofrequency (rf) irradiation technique has been utilised and the low-field NMR spectra have been observed with enhanced sideband peaks. The rf irradiation time-dependence of the low-field spectra has been investigated. The experimental data is supported by numerical simulations, using appropriate theoretical models.

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50

Härd, Sverker. "Den godtyckliga demokratin : en studie av olika metoder att tillgodose kravet på proportionell rättvisa /". Uppsala : Uppsala Univ. Library, 1999. http://www.gbv.de/dms/sub-hamburg/30493089X.pdf.

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