Дисертації з теми "Separation of powers and of church and State"
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Rudas-Neyra, Sebastian. "The power of majorities and Church-State separation." Doctoral thesis, Luiss Guido Carli, 2014. http://hdl.handle.net/11385/201003.
Parker, Gilbert Alan. "Isaac Backus, the separation of church and state." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.
Foster, Donald. "Public perceptions of the separation of church and state." [Tampa, Fla] : University of South Florida, 2008. http://purl.fcla.edu/usf/dc/et/SFE0002636.
Galloway, Michael L. "The development of separation of church and state in America." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.
Turpin, Éric Bernard. "L'Église catholique et les pouvoirs dans le diocèse de Saint-Denis de la Réunion de 1911 à 1981." Thesis, La Réunion, 2010. http://www.theses.fr/2010LARE0017/document.
The decree of February 6th 1911 applies the law of December 9th 1905 to separate the Church and the State in the French colonies of Martinique, Guadeloupe and Reunion. This complete separation gives to the religious institution its freedom since it is not under the financial and juridic dependence of public authority anymore. Even if the issues of retirement and inventory of goods take place quite quickly and without any major incident, except in Saint-Gilles-les-Hauts, the retribution of personal properties and real estates belonging to the ecclesiastical establishments will only be solved during the Vichy Administration and in the beginning of the 4th Republic.After the time of passion linked to the application of the law will come the time of cordial Agreement right after the World War 1 during the episcopate of his Lordship de Beaumont. The Church, which was supposed to be the Absente would then be present in the colonial on to the postcolonial society, on a mutual respect basis. During this period, the Church made a bold act (the fight against fraud for the elections of April 1936), a support going to the dishonest compromise with the Vichy Administration, and the struggle against Communism, especially after World War 2. The sixties and the seventies would be the time of Assertion (the fight against electoral fraud, the struggle for natural birth regulation, criticism of the economic and social project and model but also alternative propositions) and also a time of Emancipation not without any domestic tearing, often linked to Society, and finally a time for the check of all sorts of manipulations, whether old ones (the right wing) or new ones (the Communist Party of Reunion).In the 70s, his Lordship Gilbert Aubry, the actual bishop, finishes off the process of emancipation of the Church that had started ten years before. From 1911 to 1981 the Catholic Church in Reunion Island would go from the Separation with the State to Emancipation
Wilhelm, Teena. "Judicial Policymaking: The Preemptive Role of State Supreme Courts." Diss., Tucson, Arizona : University of Arizona, 2005. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu%5Fetd%5F1228%5F1%5Fm.pdf&type=application/pdf.
Greenlee, Patricia Annettee. "Separation of Church and State: A Diffusion of Reason and Religion." Digital Commons @ East Tennessee State University, 2006. https://dc.etsu.edu/etd/2237.
Wright, Sean J. "Distortion of Power: The State Secrets Privilege, Separation of Powers, and the Formation of an American King." Miami University Honors Theses / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1241016671.
Younge, Jasmine E. "Separation of church and state: a study of the influence of the catholic church on public policy." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 2011. http://digitalcommons.auctr.edu/dissertations/209.
Yaksic, Miguel. "Religious convictions in political discourse: moral and theological grounds for a public theology in a plural world." Thesis, Boston College, 2010. http://hdl.handle.net/2345/1862.
Moral, aesthetic, and religious pluralism has become a source of disagreement and friction in the modern world. Within the context of modernity and precipitated by the American and French revolutions, liberal democracy has aimed to organize the social and political life of societies in which their inhabitants sustain different, distant, and sometimes contradictory conceptions of the good life. Liberal secular principles have been the framework used to protect fundamental values such us freedom, equality, and mutual respect. In order to preserve the stability of a plural society, liberalism insists that moral and religious convictions must remain a private matter. Democracy and tolerance, it was argued, would be best preserved if religious convictions were removed from the public/political conversation. Yet the debate about the appropriate relationship between religion and politics regularly resurfaces among political and moral philosophers, social theorists, and theologians
Thesis (STL) — Boston College, 2010
Submitted to: Boston College. School of Theology and Ministry
Discipline: Sacred Theology
Laraby, Alain. "Le constitutionnalisme des Lumières : de l'objet des lois au sujet de droit ou de l'objet géométrique à la liberté politique." Electronic Thesis or Diss., Paris 10, 2024. http://www.theses.fr/2024PA100022.
1/ The title of the thesis, The Enlightenment constitutionalism, is underlined by two subtitles : From the purpose of law to the subject of law, and From the geometric object to political liberty.The thesis actually covers a longer period than the title would suggest, since the Enlightenment constitutionalism is a movement, not a stasis. The Constitutions of this study are primarily the English, the American and the French ones. The constitutionalism under discussion bears on the structure and evolution of these Constitutions.The first subtitle points out how the Enlightenment constitutional law is based on the idea that the positive law of the State guarantees modern natural law and its metamorphoses. This is the purpose of law – mainly political liberty – that make subjected people free under law.The second subtitle indicates that the research study is carried out through multiple diagrams. Their successive display highlight diverse on-going modes of reasoning in modern science.2/ Every concept of constitutional law (separation of powers, separation of church and state, federalism, parliamentary procedures, interpretation of law by competing institutional powers, general will, regulation of various and interfering interests, whether private or public, decision-making strategies, human rights, direct and indirect democratic procedures, and so on). Each of those comes under scrutiny in the light of modern scientific concepts (barycentre, multiple variable function, laplacian, topological manifold, modular arithmetic, group theory, Fourier series, knot theory, phase space, …).The goal of the exercise is neither to boil down constitutional law (and underlying political philosophy) to mathematics or physics, nor to apply them straightforwardly to law. The ambition is more modest : it is to show a certain relationship between modes of reasoning in science and law and its limits. The parallelism is at most a pseudo-isomorphism. Such a pseudo- prefix should not be understood as being false or misleading. It only depicts, like in science, approaching logical problems with some variations. The analysis is generic or qualitative. It does not intend to enter into excessive details or definite measures. Its concern is rather to better single out the characteristic feature, the hallmark of law governing State.3/ This assimilation openly reveals how modern scientific modes of reasoning have been incorporated into constitutional law. What seems rather well internalized are the contraints from natural world, either in a conscious way, or, more often, without the fulll knowledge of drafters or users of constitutional law. The thesis also aims at identifying the scope of such a integration : liberty became free thanks to the constituitonal stops that endeavour to prevent State power from being exorbitant.Although the analogy turns out to be partial, it allows constitutional law to take back control, - albeit not always successfully, - the use of modern science and technology. Under this perspective the Enlightenment constitutionalism opposes to authoritarian and totalitarian, regimes. These regimes do not hesitate, more than ever, to turn them against political and individual liberty that their populations might enjoy. Without liberty, which is challenging by nature, justice cannot happen. Only a minority in power benefits from the system by the monopoly of force as much of opinion. Such a perversion of knowledge and State law steadfastly turns away from the heritage of Enlightenment
Owen, J. Judd. "Religion and the demise of liberal rationalism : the foundational crisis of the separation of church and state /." Chicago, Ill. [u.a.] : Univ. of Chicago Press, 2001. http://www.loc.gov/catdir/toc/uchi051/00012232.html.
Includes bibliographical references and index. If liberalism is a faith, what becomes of the separation of church and state? -- Pragmatism, liberalism, and the quarrel between science and religion -- Rorty's repudiation of epistemology -- Rortian irony and the "de-divinization" of liberalism -- Religion and Rawls's freestanding liberalism -- Stanley Fish and the demise of the separation of church and state -- Fish, Locke, and religious neutrality -- Reason, indifference, and the aim of religious freedom -- Appendix : a reply to Stanley Fish.
Pypers, Elaine. "The State Capture of Independent Institutions: An analysis of the National Prosecuting Authority, 1998-2017." University of the Western Cape, 2018. http://hdl.handle.net/11394/6515.
This thesis focuses on the National Prosecuting Authority (NPA) of South Africa between 1998 and 2017, by looking at whether it acts as an independent institution and if it strengthens the quality of democracy in the country. The research addresses various sub-research questions such as, what is independence? What is a quality democracy? Is the NPA able to foster democratic accountability? It further assesses to which extent executive influence and leadership instability affect the independence of the NPA, by looking at the relationship between the executive – the state Presidents’ and government officials – and the NPA, over the years, in terms of the law practiced. And lastly, whether the role of ANC has affected the NPA. These questions arise out of my interest to understand the NPA in terms of its constitutional mandate and how it impacts democracy. The principal concepts used to date indicates that democracy comprises several procedural norms. These democratic norms – accountability, the constraint of executive power, the separation of powers, and the rule of law form the bases for my research study; while other integral factors include independence, state capture, and dominant party systems. The research methodology for this thesis incorporated qualitative research, a case study, and triangulation. The research also included interviews, with Advocate Shaun Abrahams, Dr Silas Ramaite, Advocate Vusi Pikoli, Advocate Glynnis Breytenbach, Mr Steven Swart, Mr Lawson Naidoo, Mr Paul Hoffman, Dr Jeff Rudin, Professor Lukas Muntingh, Professor Lovell Fernandez, Mr Gareth Newham, and Advocate Mike Pothier as the interviewees. The data analysis and synthesis suggest that the lack of oversight of the NPA alongside the political dominance of the ANC has allowed for an infiltration of political influence within the institution resulting in the selective prosecution of high-profile cases. The data highlights the blurring of lines as a result of state capture which has tainted the NPA’s independence. The importance of this research study lies in the relationship of the NPA and democracy, as an erosion of the NPA essentially correlates with the weakening of democracy. Therefore it is vital to protect our independent institutions, like the NPA, as they strengthen our democracy, assist in upholding the rule of law and the Constitution.
MITCHELL, JOHN ADAMS. "REPRESENTING THE TENSION BETWEEN NONDENOMINATIONAL CHRISTIAN AND SECULAR ENVIRONMENTS IN DESIGN." University of Cincinnati / OhioLINK, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1083024252.
Byrd, James K. "A program to lead a select group of adults from the First Baptist Church, Luverne, Alabama, to a better understanding of and a deeper commitment to the separation of church and state." Theological Research Exchange Network (TREN), 1991. http://www.tren.com.
Steckman, Nicole Denise. "Black churches and faith-based initiatives are there holes in the wall of separation of church and state? /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/457041398/viewonline.
Bauries, Scott Robert. "Judicial review and the separation of powers in state constitutional litigation challenging the adequacy of education spending complementary analyses and a proposed adjudicatory model /." [Gainesville, Fla.] : University of Florida, 2009. http://purl.fcla.edu/fcla/etd/UFE0024795.
Noonan, Peter James. "A History of Establishment Clause Jurisprudence With Respect to Parochial School Funding." Diss., Virginia Tech, 2010. http://hdl.handle.net/10919/77277.
Ed. D.
Bergström, Helena. "The effects of a separation between a state church and a state : Participation and religious activity in the Evangelical-Lutheran churches in Sweden and Norway." Thesis, Jönköping University, JIBS, Political Science, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-8934.
The purpose of this thesis is to examine the effects on religious participation and activity in a country that a separation between a state and a state church has. To do this I have compared Sweden and Norway. Norway still has a state church whereas Sweden does not as of January 1 2000. I decided to examine these two countries due to their similar backgrounds, geographical location and political systems. What I found when examining Sweden was that the separation did effect the religious participation compared to Norway. But Sweden has seen a decrease in church activities for a long time; the decrease would have taken place even without the separation, since Norway also had experiences this decrease over time. So my conclusion is, if Sweden had continued to have a state church, there would have been a similar decrease. However, it would probably have been smaller, then what have taken place after the separation. The different religious activities I have looked at, baptism, confirmation and marriage, have had different development over the years and have been affected differently by the separation. The decrease in religious activity in Sweden is not only caused by the separation between state and church, it is also a reaction against a changing society. The separation in Sweden lead to a larger decrease compared to Norway. Both the decrease in religious activity in Sweden and the separation was instead a reaction to a changing society, the role that the Swedish church once played has been replaced by other factors. One of the foundations to the political elements in Sweden has with this decrease and ultimately the separation been lost and if this also will have any effect on the involvement in secular organization, voting rates or political participation is too early to tell.
Pypers, Elain. "The state capture of independent institutions: An analysis of the National Prosecuting Authority, 1998-2017." University of the Western Cape, 2018. http://hdl.handle.net/11394/6722.
This thesis focuses on the National Prosecuting Authority (NPA) of South Africa between 1998 and 2017, by looking at whether it acts as an independent institution and if it strengthens the quality of democracy in the country. The research addresses various sub-research questions such as, what is independence? What is a quality democracy? Is the NPA able to foster democratic accountability? It further assesses to which extent executive influence and leadership instability affect the independence of the NPA, by looking at the relationship between the executive – the state Presidents’ and government officials – and the NPA, over the years, in terms of the law practiced. And lastly, whether the role of ANC has affected the NPA. These questions arise out of my interest to understand the NPA in terms of its constitutional mandate and how it impacts democracy. The principal concepts used to date indicates that democracy comprises several procedural norms. These democratic norms – accountability, the constraint of executive power, the separation of powers, and the rule of law form the bases for my research study; while other integral factors include independence, state capture, and dominant party systems. The research methodology for this thesis incorporated qualitative research, a case study, and triangulation. The research also included interviews, with Advocate Shaun Abrahams, Dr Silas Ramaite, Advocate Vusi Pikoli, Advocate Glynnis Breytenbach, Mr Steven Swart, Mr Lawson Naidoo, Mr Paul Hoffman, Dr Jeff Rudin, Professor Lukas Muntingh, Professor Lovell Fernandez, Mr Gareth Newham, and Advocate Mike Pothier as the interviewees. The data analysis and synthesis suggest that the lack of oversight of the NPA alongside the political dominance of the ANC has allowed for an infiltration of political influence within the institution resulting in the selective prosecution of high-profile cases. The data highlights the blurring of lines as a result of state capture which has tainted the NPA’s independence. The importance of this research study lies in the relationship of the NPA and democracy, as an erosion of the NPA essentially correlates with the weakening of democracy. Therefore it is vital to protect our independent institutions, like the NPA, as they strengthen our democracy, assist in upholding the rule of law and the Constitution.
Carney, Thomas E. "A religious conflict in education the King's College controversy as a historical precedent to separation of church and state, 1752-1756 /." Morgantown, W. Va. : [West Virginia University Libraries], 2001. http://etd.wvu.edu/templates/showETD.cfm?recnum=2207.
Title from document title page. Document formatted into pages; contains vii, 237, 5 p. Vita. Includes abstract. Includes bibliographical references (p. 226-237).
Mendes, Conrado Hubner. "Direitos fundamentais, separação de poderes e deliberação." Universidade de São Paulo, 2008. http://www.teses.usp.br/teses/disponiveis/8/8131/tde-05122008-162952/.
The judicial review of legislation has always been under the distrust of democratic theory. Under what justification can unelected judges have the last word upon fundamental rights? Thats the way the question has been formulated by the tradition. Some are favourable to this institutional arrangement, whereas others defend the supremacy of parliament. This would be the crossroads of the separation of powers and theories of last word face the dispute under these terms. The thesis investigates an alternative response to this dilemma, offered by theories of institutional dialogue. According to it, there is no last word in a democracy. The dissertation defends that both perspectives last word and dialogue have an important analytical role to play. Is proposes that an interaction of a deliberative kind rather than adversarial is more likely, in the long term, to produce better answers about rights. It turns separation of powers sensitive to the quality of argument
Kim, Se Jin. "The Study of Public Administration in Korea: The Executive-Centered Approach to Public Administration and Its Legacy." Diss., Virginia Tech, 2018. http://hdl.handle.net/10919/82842.
Ph. D.
Alves, João Victor Caetano. "O Conselho de Estado e o princípio da divisão de poderes (1828-1834) /." Franca : [s.n.], 2008. http://hdl.handle.net/11449/93186.
Banca: Márcia Regina Capelari Naxara
Banca: Cecilia Helena Lorenzini de Salles Oliveira
Resumo: Esta dissertação está situada no campo da história política, pretendendo investigar o papel desempenhado pelo Conselho de Estado - espécie de agência central do governo no período de 1828 a 1834 - na emergência e na construção do princípio da separação de poderes, no Império brasileiro. Com este objetivo, o trabalho analisa o livro de Atas do Conselho de Estado, cotejando-o com a historiografia sobre o período. Estas atas podem revelar aspectos daquela construção, fornecendo-nos a medida do propalado "absolutismo" do período
Abstract: This dissertation is situated in the political history field, intending to investigate the role played by the Council of State - a central government agency in the period of 1828 to 1834 - in the emergence and construction of the separation of powers' principle in the Brazilian Empire. With this purpose, the work analyses the Council of State's minutes, comparing them with the historiography of the period. These minutes can reveal aspects of that construction, providing us the measure of the "absolutism" of the period
Mestre
Alves, João Victor Caetano [UNESP]. "O Conselho de Estado e o princípio da divisão de poderes (1828-1834)." Universidade Estadual Paulista (UNESP), 2008. http://hdl.handle.net/11449/93186.
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)
Esta dissertação está situada no campo da história política, pretendendo investigar o papel desempenhado pelo Conselho de Estado – espécie de agência central do governo no período de 1828 a 1834 – na emergência e na construção do princípio da separação de poderes, no Império brasileiro. Com este objetivo, o trabalho analisa o livro de Atas do Conselho de Estado, cotejando-o com a historiografia sobre o período. Estas atas podem revelar aspectos daquela construção, fornecendo-nos a medida do propalado “absolutismo” do período
This dissertation is situated in the political history field, intending to investigate the role played by the Council of State – a central government agency in the period of 1828 to 1834 – in the emergence and construction of the separation of powers´ principle in the Brazilian Empire. With this purpose, the work analyses the Council of State’s minutes, comparing them with the historiography of the period. These minutes can reveal aspects of that construction, providing us the measure of the “absolutism” of the period
Васін, Максим Сергійович, та Maksym Vasin. "Конституційно-правові засади взаємодії держави і релігійних організацій в Україні". Thesis, Національний авіаційний університет, 2021. https://er.nau.edu.ua/handle/NAU/45742.
Beck, Luke. "THE FOUNDATIONS OF SECTION 116 OF THE AUSTRALIAN CONSTITUTION: AN HISTORICAL AND CONCEPTUAL ANALYSIS." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14597.
Sampaio, Leandro Augusto Nicola de. "A chefia de Estado na república federativa sob a perspectiva do pensamento de Montesquieu." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2015. http://hdl.handle.net/10183/134893.
The purpose of this research is to depict the events that unfolded within the scenario that provoked Montesquieu to search for a scientific pattern in order to explain the social and political phenomena that he carefully observed in his time. Drawing on the variations of Montesquieu’s doctrines, The work aims to explore the basic conceptual argument of federation as well as the classic idea of separation of powers. Thereafter, It intends to examine the roles of state leadership in a republic whose foundation lies upon the federative model and the separation of powers in a presidentialist system of government. Based on this, the study is going to consider the alignment of the Brazilian model to those institutional propositions that initially provoked Montesquieu’s mind.
Zylbersztajn, Joana. "O princípio da laicidade na Constituição Federal de 1988." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-11102012-111708/.
The debate over the laicity (from the French concept laïcité) of the state has always been present in the political, social and academic arenas. Nevertheless, it is necessary to strengthen the analytic resources to concretely deal with this issue. The federal constitution of 1988 does not expressly state that Brazil is a laic state, but, all-together, one can read all the elements that lead to such an understanding. This is the effect of the characterization of the democratic state that guarantees equality and freedom - including the religious freedom- of its citizens. The constitutional determination of an institutional separation between state and religion is also another factor. In this perspective, this thesis aims to make an analysis of the legal and constitutional protection of the principle of laicity in Brazil and its practical consequences. The implementation of the principle of laicity is an ongoing process and thus the democratic maturing and conscious effort of the public institutions are necessary. The thesis begins with the historical development of laicity in the country as well as of some theoretical concepts on the subject. Later, the constitutional character of the principle of laicity and the meanings arising from this diagnosis are analyzed. Relevant democratic aspects for the implementation of the principle of laicity, regarding the dichotomy between democracy and constitutionalism, as well as some thoughts on the religious presence in the public sphere could not be avoided, since the issue is a complex one, directly related to the social parameters that make up the Brazilian State. Finally, considering the ongoing process for the consolidation of laicity, the concrete cases on the subject are also scrutinized, aiming to understand the actual degree of realization of the principle in the country and the challenges imposed to guarantee the constitutional guideline.
Peterson, Rebecca C. (Rebecca Carol). "Dante, Machiavelli, and Luther: The Evolution of the Modern State." Thesis, University of North Texas, 1991. https://digital.library.unt.edu/ark:/67531/metadc500496/.
Ricks, Brian William. "Closing the Church University in 1894: Embracing or Accommodating Secularized Education." BYU ScholarsArchive, 2012. https://scholarsarchive.byu.edu/etd/3894.
Melo, José Correa de. "Modos de governar e administrar : os conselhos políticos e administrativos de D. Pedro II a partir da seção de fazenda do conselho de estado (1842-1889)." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185065.
The present work carried out an analysis and classification of the consultations of the Finance Section of the Council of State, which operated in Empire of Brazil from 1842 to 1889, from the administrative and governmental models that influenced the functioning and organization of the administration and the Council of State. The first sources and roots for the polissynodal model and for government by councils were sought in the corporate model of the Old Portuguese Regime. Subsequently new paradigms and political-administrative ideas came into account in the Portuguese model, as was the case, in the eighteenth century, of paradigms related to the so-called Police State. These phases of the formation of the Modern State and paradigms of government and administration influenced the political model adopted in independent and constitutional Brazil and came to conform the performance of the Council of State in the Second Reign. From the analysis of the production of the Finance Section of the Council of State it is possible to map out continuities and ruptures with previous models and the adoption of new paradigms of government and administration and to explain the functioning of the Council of State under D. Pedro II.
Foust, Joseph R. "14 states, 22 senators, 59 representatives & the writing of the establishment clause : an analysis of the original intent." Thesis, Manhattan, Kan. : Kansas State University, 2010. http://hdl.handle.net/2097/3883.
Young, Elizabeth V. "FIRST AMENDMENT POLITICS IN APPLACHIA: THE GAP BETWEEN POLICY AND PRACTICE." Ohio University Art and Sciences Honors Theses / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ouashonors1371637890.
Rizzi, Ester Gammardella. "Democracia e transformações sociais no estado parlamentar: Kirchheimer e a República de Weimar." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-24042012-110644/.
Based on nineteen texts written by Otto Kirchheimer during the final period of the Weimar Republic, the present work wishes to investigate the possibilities opened by a specific form of political organization the Parliamentary Constitutional State for the implementation of democracy and, at the same time, for the promotion of social change. Shifting combination of Carl Schmitt criticism of liberal institutions and Marxist criticism of society, the weimarian work of Kirchheimer offers a compelling analysis of the legal system and the historical reality in which it inheres. Constitution, Parliamentary State, separation of powers, and the legitimacy of different ways of political actions are some of his main themes. We detect, then, an important cleavage appearing in the writings of Kirchheimer during this period: his progressive conscience that the legal system can and should serve as a counterweight to political power, in order to guarantee a minimum of liberties. From the deficiencies detected in the working of Parliament and, more generally, of democratic institutions, he now arrives at the necessity of enhancing them not anymore of rejecting them.
Gaspardo, Murilo. "O parlamento e o controle do poder político." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-20052011-163259/.
This study wants to investigate in which level the Parliament is able to exercise, with efficacy, the control of the political power, in the context of the capitalist globalization, with the objective to contribute with the concretization of the economics and socials human rights. The control of the political power is understood like the direction of de States actions to the realization of its finalities, by the fixation of objectives and directives, the supervision and the responsabilization of the politics agents. The Parliament has so much importance realizing this paper, but its actuation presents big limits, because some factors, how the phenomenon of the globalization and the historic-cultural characteristic patrimonialista of the Brazilian State. So, the society needs to develop other forms of control to complement the parliamentary.
Berger, Drotar Karen S. "Filling the God-Shaped Hole: A Qualitative Study of Spirituality and Public High School Teachers." Kent State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=kent1321974749.
Paixao, Leonardo André. "A função política do Supremo Tribunal Federal." Universidade de São Paulo, 2007. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-01092007-150125/.
Political function of the State is the work performed by constitutional bodies, within the scope of their respective competencies, to preserve political society and promote public welfare. It consists in determining, through free interpretation of constitutional rules, what may be considered of public welfare and what are the necessary mechanisms for its implementation. Political function is performed by various powers and bodies including the constitutional courts. Basically, constitutional courts exercise political function in relation to four major subjects: segregation of power, federalism, basic rights and the functioning of democratic institutions. Constitutional courts bear specific characteristics when it comes to exercising their political function. A constitutional court has the legitimacy to exercise political functions even though its constituents are not elected through popular suffrage. In the exercise of their political function, constitutional courts must beware of some limits. In Brazil, the body that plays the role of constitutional court is the Federal Supreme Court. Throughout its history, that is, since its establishment in 1891 until the present, the Federal Supreme Court has contributed to define what public welfare is, as well as to its implemen-tation. Therefore, it has exercised its political function. Considering its jurisprudence, it is possible to identify seven stages in the Federal Supreme Court history. In some of these stages the Supreme Court exercises its political function actively. In other stages, simply confirmed decisions taken by other bodies. The Federal Supreme Court has legitimacy to exercise its political function. Its jurisprudence also shows that, in the exercise of its political function, the Federal Supreme Court has known some limits.
Capano, Fernando Fabiani. "O poder judiciário e o movimento do constitucionalismo: reflexões sobre o ativismo judicial no contexto da doutrina da separaçăo de poderes." Universidade Presbiteriana Mackenzie, 2011. http://tede.mackenzie.br/jspui/handle/tede/1027.
Universidade Presbiteriana Mackenzie
The present work intends to study, in the context of the constitutionalism, which was and which is the paper of the Judicial Power in the historical consolidation of the basic rights of the human being. It still intends to investigate great part of the most important doctrinal production concerning the doctrine of the separation of powers, giving ballast to the quarrel concerning the birth, growth and consolidation of the paper of Constitutional Justice as warranting force of the values sculptured in the Constitutions of the countries with democratic experience. In this line of reasoning, this work adopts as starting point the phenomenon of the legalization of the politics or the politicalization of the law, understood here as a social phenomenon, which demonstrate the new role assumed by the Judiciary Power in the current days. In the next chapter, this work reconstructs the historical line of the formation of the State, starting with the Liberal State and the rights of freedom, going trough the Social State and the consolidation of the social rights, finishing with the formation of the Constitutional State and the sprouting supply-individual right, also involving the sphere of solidarity and fraternity rights. In the third chapter, the concern is the doctrine of the separation of powers, passing for its conception and evolution, in the attempt to point out the work of the jurisdictional function as counterpoint of the other instituted powers. During the fourth chapter, this work demonstrates the movement of the constitutionalism, considering the center role that the Constitution acquired modernly, and the concepcion of Justice Constitutional in diverse countries. The third chapter also brings the problem of the neoconstitutionalism as new Law theory, demonstrating the methods of interpretation of the Constitutional Law, intending to give handle of the mission that constitutional principles have, in the modern Constitutions, by becoming effective, using the direct application of values, as well as the problem of the judicial ativism that, in many times, exceeds the tenuous line between the legitimacy of the proper judicial function and the usurpation of the political decisions conceived in legitimate process in other democratic spheres. Finally, study perceives the necessity of the balance between the diverse state functions, to maintenance a healthy democratic system.
O presente trabalho pretende aferir, no contexto do movimento do constitucionalismo, qual foi e qual é o papel do Poder Judicial na consolidação histórica dos direitos fundamentais do ser humano. Pretende, ainda, investigar grande parte da mais importante produção doutrinária acerca da separação de poderes, dando lastro à discussão sobre nascimento, crescimento e consolidação do papel da Justiça Constitucional como força garantidora dos valores esculpidos nas Constituições dos países com prática democrática. Nessa linha de raciocínio, esta dissertação adota como ponto de partida o fenômeno da jurisdicionalização da política ou a politização do direito, entendido aqui como fenômeno social apto a demonstrar o novo papel assumido pelo Poder Judiciário nos dias atuais. Em seguida, o trabalho reconstrói a linha histórica da formação do ente estatal, passa pelo Estado Liberal e pelos direitos fundamentais de liberdade, caminha pelo Estado Social e pela consolidação dos direitos de prestação e termina na formação do Estado Constitucional de Direito e no surgimento dos direitos supraindividuais, envolvendo a esfera da solidariedade e fraternidade dos povos como destinatária de tais direitos. No terceiro capítulo, a preocupação se dá com a doutrina da separação de poderes, passando por sua concepção e posterior evolução, na tentativa de situar o trabalho da função jurisdicional como contraponto dos demais poderes instituídos. Durante o quarto capítulo, demonstra-se conceitualmente o movimento do constitucionalismo e o surgimento e a operacionalização histórica, ante a centralidade que a Constituição adquiriu modernamente, das Justiças Constitucionais em diversos países. Outrossim, o terceiro capítulo traz a problematização do neoconstitucionalismo como nova teoria do Direito, a demonstrar ainda os métodos de interpretação da Lei Maior que pretendem dar cabo da missão de tornar efetiva, pela aplicação direta de valores, dos princípios havidos nas Constituições modernas, bem como o problema do chamado ativismo judicial que, por vezes, ultrapassa a tênue linha demarcatória havida entre a legitimidade da função judicante própria e a usurpação das decisões políticas concebidas em processo legítimo em outras esferas democráticas. Finalmente, à guisa de conclusão, percebe-se a necessidade do equilíbrio entre as diversas funções estatais, salutar para a manutenção coesa do sistema democrático.
Déléage, Elsa. "Les droits de la personne selon l'Eglise catholique : Une consécration canonique mais polémique." Thesis, Paris 3, 2013. http://www.theses.fr/2013PA030127.
It should demonstrate the originality of the papal position about human rights and focus on the following paradox: the creation and use of a specific concept by the Catholic Church "the rights" whereas it is built by borrowing tools including the secular law order. Indeed, it used the tools of Roman law, particularly its normative and territorial functioning. This contribution tries to identify the context in which human rights have emerged in catholic speech and in canon law. The factors and the issues contribute to understand the canon process of recognition by the Catholic Church. This work investigates three classic themes in public law: the scope of the rights involved, the persons, and finally the guaranties regime
Reivax, Daniel. "Raoul Allier (1862-1939), un protestant engagé : une voix du protestantisme au début du XXe siècle." Electronic Thesis or Diss., Amiens, 2021. http://www.theses.fr/2021AMIE0012.
Raoul Allier was born in 1862, in Vauvert in a winegrowing family, he was one of the key leading figures of Protestantism in the beginning of the 20th century. He was a graduate student of Ecole Normale Supérieure and in philosophy and Ph. D. in theology. He was a lecturer of the Faculty of Theology in Montauban before being appointed as a staff member of the Faculty of Theology of Paris. He became publicly well known in the famous Dreyfus’ case, supporting the demand for a trial review. Despite being a late member of the Dreyfusards, he occupies a leading role nonetheless through publishing firstly, in 1898, an essay entitled: Voltaire et Calas, une erreur judiciaire pour le XVIIIe siècle and secondly, in 1903, a series of articles that will be published in Cahiers de la Quinzaine directed by Charles Péguy, and also in the newspaper Le siècle. On Méjan brothers’ request, he campaigns against Emile Combes’ project, though being in favour of the separation of Church and State laws, as a faithful successor of d’Alexandre Vinet et d’Edmond de Pressensé among others. He demonstrates again his gift for writing. A few years later, it’s the Great War: his son was declared missing from the beginning. Far from being dispirited, he holds a series of conferences in different churches of Paris, every Tuesday, inviting the Tout-Paris set to support the war effort with a mastered rhetoric. As the supposedly short war extends, the audience increases. When his son’s body in found in 1916, he suspends the conferences for a while, burying himself away in pain, overwhelmed, before starting them again in November as a national mission of patriotic communion. Subsequently, people encourage each other to attend, more each time, turning him into the Great War speaker, beyond the protestant microcosm. The post-war period was a turning point, in terms of his priorities. He leads a missiological mission, even anthropological, about the said "primitive" peoples by publishing many works that question the complex relationship between the colonization and mission. How indeed should we promote an evangelization without accepting the colonization’s wrongdoings? At the same time, he carries on with his academic career as dean of the Faculty of Theology, he gives lectures at the Faculté des Lettres de Paris about morals and democracy, and he reinforces his position as an historian of ideas. He goes on with his ecclesiastical commitment, becoming the president of the synod of the Union des Églises Evangéliques Libres and gets involved especially in Argentière where he is considered as a pastor without having any pastoral recognition. He dies at the beginning of World War II, as foolish history repeated itself. The itinerary of this committed man to the point of becoming a high-profile protestant voice is an occasion to revisit the history of French Protestantism in the beginning of the 20th century, but also of the 3rd Republic and his challenges
Harding, Tobias. "Nationalising Culture : The Reorganisation of National Culture in Swedish Cultural Policy 1970–2002." Doctoral thesis, Linköping : Department for Studies of Social Change and Culture, Linköping University, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-9896.
Lherbette-Michel, Isabelle. "L’idee russe de l’Etat, contribution a la théorie juridique de l’Etat : le cas russe des origines au postcommunisme." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40064.
There is a continuity as concerns the « idea » of the state that an analogy with the different systems does not reflect. From imperial to Soviet Russia, the state (Gosudarstvo) is not thought of as an abstract and autonomous entity. Until 1917, the Russian conception of power is conditioned by the religious ideological discourse. After 1917, her main feature is one of submission to ideology, in other words the expression of the will of the Communist Party. The Soviet state stands out by its « de facto » nature, rather than a « de jure » state. The supremacy of the ideological discourse hampers both the constitution of a new state culture, which remains focused on power, and the formation of the precedence and the superiority of law over the state. After the disintegration of the Soviet Union, reference to liberal democracy and the rule of law becomes a tool in creating renewed legitimacy for the postcommunist state. Russia’s entry into political modernity demands a rupture with the ideological postulates of the past. The dismantlement of socialism is a much more complex process than the construction of democracy. Despite having been subjected, over centuries, to many types of transition – absolutism founded on divine right to socialism, then postcommunism -, the Russian state has always preserved certain features (be they constant or specific) that make it, and still today, a hybrid model pulling towards both authoritarianism and democracy
Malhey-Dupart, Cécile. "Les relations entre l'Église et l'État dans l'Hérault de 1900 à 1926." Thesis, Montpellier 3, 2010. http://www.theses.fr/2010MON30007/document.
This study is not intended to be exhaustive, but rather a description of the impact of the relations between Church and State on public opinion in the Hérault department. It presents the various stances, reactions and steps taken in favour of, or against, state policies concerning the Church over a period of more than twenty-five years. The period investigated, between 1900 and 1926, starts with the enactment of the laws against religious institutions and the measures taken to secularise the public domain, following on from the anticlerical policies begun during the previous century, and ends with the condemnation of “Action Française” by the Vatican and the demise of the “Left Wing Cartel”. It also includes the separation of Church and State in 1905 and World War I, during which priests served in the French army. There were marked differences of belief in the Hérault department where there was not only a strong anti-clerical movement but also great importance attached to religion. For, in this department, well-known as a “red” department, resistance to the above measures could reach passionate heights similar to those in some areas known for their Catholic and conservative traditions
Quinart, Emilien. "L'émancipation du pouvoir réglementaire (1914-1958)." Thesis, Lille 2, 2019. http://www.theses.fr/2019LIL2D008.
At the end of the 19th century, the Parliamentary Republic took root by exalting the principles of 1789 French Revolution and rejecting personal power. Following this ideal, the Executive’s power to make regulations is dreaded – only allowed when strictly subordinate to the law supremacy. In the 20th century, the situation has changed. Wars and crises caused an essential transformation of the activities of the State, which disturbed the exercise of legislative functions and republican ideals. This thesis aims to explain how, between 1914 and 1958, the Executive Branch recovered a power to make regulations, that exceeds the mere implementation of legislation. The data show that this emancipation process stemmed from both disruption of practices and constitutional violations, gradually establishing a new law – thanks to the influence of law professors and advisory departments of the Conseil d’Etat. This dynamic relied on the need for Executive regulation to protect the security and the continuity of the State. Progressively, that kind of regulation got an autonomous constitutional basis, and the Executive enjoyed an increased level of discretion to enact it. The result is that, already under the Third and Fourth French Republics, the implementation of legislation no longer defined the source and the scope of the power to make regulations. Finally, these findings allow to challenge the current understanding of the Constitution of the Fifth Republic : the articles 16, 21, 34, 37, 38, 41 and 92 should no longer be considered as “innovations”, but only as a formalisation and a systematisation what previous constitutional law introduced
Quinart, Emilien. "L'émancipation du pouvoir réglementaire (1914-1958)." Electronic Thesis or Diss., Université de Lille (2018-2021), 2019. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247210275.
At the end of the 19th century, the Parliamentary Republic took root by exalting the principles of 1789 French Revolution and rejecting personal power. Following this ideal, the Executive’s power to make regulations is dreaded – only allowed when strictly subordinate to the law supremacy. In the 20th century, the situation has changed. Wars and crises caused an essential transformation of the activities of the State, which disturbed the exercise of legislative functions and republican ideals. This thesis aims to explain how, between 1914 and 1958, the Executive Branch recovered a power to make regulations, that exceeds the mere implementation of legislation. The data show that this emancipation process stemmed from both disruption of practices and constitutional violations, gradually establishing a new law – thanks to the influence of law professors and advisory departments of the Conseil d’Etat. This dynamic relied on the need for Executive regulation to protect the security and the continuity of the State. Progressively, that kind of regulation got an autonomous constitutional basis, and the Executive enjoyed an increased level of discretion to enact it. The result is that, already under the Third and Fourth French Republics, the implementation of legislation no longer defined the source and the scope of the power to make regulations. Finally, these findings allow to challenge the current understanding of the Constitution of the Fifth Republic : the articles 16, 21, 34, 37, 38, 41 and 92 should no longer be considered as “innovations”, but only as a formalisation and a systematisation what previous constitutional law introduced
TIRABASSI, MARIAGRAZIA. "MACELLAZIONE RITUALE E CERTIFICAZIONE DELLE CARNI KASHER E HALAL: I MODELLI FRANCESE E STATUNITENSE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2015. http://hdl.handle.net/10280/7812.
Meat production is regulated by both Jewish and Islamic Laws through sets of rules that, aside from their respective specificities, share the aim of teaching reverence for life to the believers. Generally speaking, in pluralist democracies the production of kosher (“fit/proper”, according to Jewish Law) and halal (“permissible”, under Islamic Law) meat is protected under the right to freedom of religion. However, the State retains the authority to regulate the use of religious slaughter and that of kosher and halal claims in the meat market, on the basis and within the limits of its mandate to protect and promote public health, humane treatment of animals, fair market competition and consumer rights. Fulfilling such responsibility without overstepping the bounds of State-religion mutual autonomy is a complex task, especially when it comes to determining the roles of public authorities, religious bodies and the private sector in the fields of ritual slaughter and religious certification; it requires, indeed, to strike a fair balance between several - sometimes competing - rights and interests. The dissertation analyses and compares the legal approaches through which these matters are addressed in France and in the US, where the general principle of separation between Church and State is construed and implemented in profoundly different ways.
TIRABASSI, MARIAGRAZIA. "MACELLAZIONE RITUALE E CERTIFICAZIONE DELLE CARNI KASHER E HALAL: I MODELLI FRANCESE E STATUNITENSE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2015. http://hdl.handle.net/10280/7812.
Meat production is regulated by both Jewish and Islamic Laws through sets of rules that, aside from their respective specificities, share the aim of teaching reverence for life to the believers. Generally speaking, in pluralist democracies the production of kosher (“fit/proper”, according to Jewish Law) and halal (“permissible”, under Islamic Law) meat is protected under the right to freedom of religion. However, the State retains the authority to regulate the use of religious slaughter and that of kosher and halal claims in the meat market, on the basis and within the limits of its mandate to protect and promote public health, humane treatment of animals, fair market competition and consumer rights. Fulfilling such responsibility without overstepping the bounds of State-religion mutual autonomy is a complex task, especially when it comes to determining the roles of public authorities, religious bodies and the private sector in the fields of ritual slaughter and religious certification; it requires, indeed, to strike a fair balance between several - sometimes competing - rights and interests. The dissertation analyses and compares the legal approaches through which these matters are addressed in France and in the US, where the general principle of separation between Church and State is construed and implemented in profoundly different ways.
Padiou, Nicolas. "Dispersi sunt lapides sanctuarii. La reconstruction des églises de Meurthe-et-Moselle après la Premiere Guerre Mondiale (1918-1933)." Doctoral thesis, Saechsische Landesbibliothek- Staats- und Universitaetsbibliothek Dresden, 2012. http://nbn-resolving.de/urn:nbn:de:bsz:14-qucosa-85693.
Après la séparation des Eglises et de l’Etat (1905), les communes françaises n’étaient plus autorisées à financer la construction de nouvelles églises ou à assumer les grosses réparations des églises qui leur appartenaient déjà. Face aux critiques des catholiques, l’Etat a classé de nombreuses églises comme monuments historiques pendant les années 1905-1914, permettant ainsi aux communes de les entretenir pour des raisons patrimoniales et plus cultuelles. Investies d’une forte dimension nationale, les églises ont joué un rôle très important dans la propagande de guerre des différents pays belligérants en 1914-1918. Contrairement à ce qu’affirmait la propagande française, les églises ne semblent pas avoir fait l’objet d’un acharnement particulier de la part des armées allemandes. À l’issue du conflit, l’Etat français a mis en place un système d’indemnisation des dommages de guerre très complexe. Pour compléter ce système, le chanoine Emile Thouvenin a fondé, en 1919, une coopérative de reconstruction dans chaque commune détruite du département de Meurthe-et-Moselle. Avec l’appui de la préfecture, il a créé, en 1921, une coopérative vouée à la reconstruction des églises du diocèse de Nancy. Cette coopérative œuvra souvent en marge de la loi de séparation des Eglises et de l’Etat et de la loi sur les dommages de guerre. L’initiative du chanoine Thouvenin n’avait cependant pas pour but de contourner la législation en vigueur : il s’agissait surtout d’accélérer le processus d’indemnisation des dommages et d’approbation des projets de reconstruction des églises. L’implication des autorités officielles dans la reconstruction des églises avait par ailleurs l’avantage de rendre à l’Eglise une partie de son rôle d’institution officielle. Lors des cérémonies de consécration des églises reconstruites, les élites civiles et religieuses de Meurthe-et-Moselle se sont constamment attachées à perpétuer l’esprit de l’Union sacrée, même pendant le Cartel des Gauches (1924-1925) marqué par un regain d’anticléricalisme. Par ailleurs, le chanoine Thouvenin s’est plus intéressé aux aspects financiers et institutionnels qu’au style des églises reconstruites : certaines d’entre elles sont des copies conformes des édifices néo-romans ou néogothiques d’avant-guerre, d’autres apparaissent résolument modernes
After the separation of Church and State (1905), French towns were no longer authorized to finance the construction of new churches, or the major repairs of churches that already belonged to them. Faced with criticism from the Catholics, the French State classified many churches as official historical monuments during the years 1905-1914, thus enabling the towns to repair their churches for the purpose of preserving the nation’s heritage. Invested with a strong national dimension, churches have played an important role in the war propaganda of the various belligerent countries. Contrary to French propaganda, the churches were apparently not destroyed by the German armies in particular. After the conflict, the French State established a very complex system of compensation for war damages. In 1919, the canon Émile Thouvenin founded a reconstruction cooperative in each municipality of the department of Meurthe-et-Moselle. With the support of the préfécture, he created in 1921 a cooperative devoted to the reconstruction of churches in the diocese of Nancy. This cooperative worked often on the very edge between the Law of Separation and the Law on War Damages. This initiative’s intention, however, was not to avoid the law: It was first of all created to accelerate the process of compensation for damages and the approval of projects for rebuilding churches. The involvement of the official authorities had the additional advantage of returning the Church to its role as official institution. During the consecration ceremonies of rebuilt churches, civil and religious elites of Meurthe-et-Moselle were constantly attached to perpetuate the spirit of the Sacred Union, even during the anticlerical phase of the Left-Wing ‘Cartel des Gauches’ (1924-1925). Furthermore, canon Thouvenin had shown more interest in the financial and institutional questions than in the style of churches. Some of them are copies of the Neo-Romanesque or Neo-Gothic churches built before the war while others seems definitely modern
Al, Shaikh Aayat. "Les projets politiques et les fondements historiques de la communauté chiite au Bahreïn depuis l’indépendance 1971." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2026.
Shiism in Bahrain is a complicated socio-political phenomenon. The contemporary era is marked by a new rise of national and transnational shi’a political projects. Dominant political and media analysis consider shi’ism in the Bahraini context as a simplest extension of dominant political projects in Iran, Iraq, and in Lebanon.However, Bahraini shi’a are frequently assimilated to unconditional followers of influential non-Bahrainis clerics and their politics. In that framework, shi’a in Bahrain are considered as instruments of the shi’a actors’ hegemony. Those methods of interpretation appear superficial.Certainly, as we noted above, regional and transnational actors and politics affect the shiism in Bahrain, but the examination of its basis and its evolution demonstrate that it’s specific to the local schema. Various socio-political interactions shapes the local political sphere; such as political socialization processes,transnationalization, rites’ practicing, institutions’ organization's, relations avec the State, etc. In the contemporary period Bahrainis shi’a actors are indeed influenced by the theories and the projects stems from the transnational sphere, however, they develops their own and distinct socio-political projects. In this specific context, the State, even dominant, control neither these actors, nor their projects whether they are transnational or nationals