You searched for subject:(rule of law).
Showing records 1 – 30 of
414 total matches.
◁ [1] [2] [3] [4] [5] … [14] ▶
University of Zambia
1.
Mabbolobbolo, Mwanajiti Ian.
Double standards in the observance of democratic government, rule of law and human rights: Case against the United States of America and the United Nations-Lessons for African States in their elusive search for a valid democratic order
.
Degree: 2013, University of Zambia
URL: http://hdl.handle.net/123456789/2808 
► Although the United States government has been a strong backer of international justice for other people it continues to display inconsistencies in some of its…
(more)
▼ Although the United States government has been a strong backer of international justice for other people it continues to display inconsistencies in some of its affairs. In fact some authors have gone as far as saying that America is least qualified in the world to judge what happens in other countries. Further, as the US has held itself as a strong advocate of international justice, other countries (including African countries) use the transgressions by the United States to justify transgressions in their own countries-if America can do it why can't we do it too?Faith in the United Nations has been seriously shaken, as a result of its failure to stand up to what many consider as the American hegemony. This has brought questions about the relevancy of the UN in this contemporary age of complexity. There is a felt need by the International community to have a legal order predicated on an agreed rule of law.That there is an inextricable link between the three distinct though kindred conceptions of democracy, respect for the rule of law and human rights is incontrovertible. African countries are enjoined to espouse these ideals in their elusive search for a valid democratic order.
Subjects/Keywords: Rule of law;
Democracy
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Mabbolobbolo, M. I. (2013). Double standards in the observance of democratic government, rule of law and human rights: Case against the United States of America and the United Nations-Lessons for African States in their elusive search for a valid democratic order
. (Thesis). University of Zambia. Retrieved from http://hdl.handle.net/123456789/2808
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Mabbolobbolo, Mwanajiti Ian. “Double standards in the observance of democratic government, rule of law and human rights: Case against the United States of America and the United Nations-Lessons for African States in their elusive search for a valid democratic order
.” 2013. Thesis, University of Zambia. Accessed September 23, 2019.
http://hdl.handle.net/123456789/2808.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Mabbolobbolo, Mwanajiti Ian. “Double standards in the observance of democratic government, rule of law and human rights: Case against the United States of America and the United Nations-Lessons for African States in their elusive search for a valid democratic order
.” 2013. Web. 23 Sep 2019.
Vancouver:
Mabbolobbolo MI. Double standards in the observance of democratic government, rule of law and human rights: Case against the United States of America and the United Nations-Lessons for African States in their elusive search for a valid democratic order
. [Internet] [Thesis]. University of Zambia; 2013. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/123456789/2808.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Mabbolobbolo MI. Double standards in the observance of democratic government, rule of law and human rights: Case against the United States of America and the United Nations-Lessons for African States in their elusive search for a valid democratic order
. [Thesis]. University of Zambia; 2013. Available from: http://hdl.handle.net/123456789/2808
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Victoria University of Wellington
2.
Kiddle, Finbar Benedict.
A Prologue to Development: Establishing the legitimacy of the rule of law in post-conflict Solomon Islands.
Degree: 2014, Victoria University of Wellington
URL: http://hdl.handle.net/10063/3505
► The rule of law forms the bedrock for societal and institutional organisation in the Western world. International actors see its establishment in developing countries as…
(more)
▼ The
rule of
law forms the bedrock for societal and institutional organisation in the Western world. International actors see its establishment in developing countries as a means to facilitate wider development work and an end in and of itself. However, development of the legitimacy of the
rule of
law is not well understood, especially in post-conflict environments where it is most lacking. Despite the best efforts of international interventions, the
rule of
law is often not in the paramount position it requires: it lacks legitimacy amongst the people. To understand why this is the case there is a need for a better understanding of how interventions develop legitimacy in the
rule of
law. This research develops that understanding and asks the question ‘how does the contemporary peacebuilding agenda develop the legitimacy of the
rule of
law in post-conflict states?’
To do this the research undertakes a case study investigation of a particular intervention: the Regional Assistance Mission to Solomon Islands. Discourse and content analyses, carried out on interview transcripts and a wealth of documentation, reveal the different forces exerted by the intervention to develop legitimacy in the
rule of
law. These are interpreted through a particular lens: a modified version of Luke’s three faces of power that also draws on concepts of governmentality. A four-dimensional definition of legitimacy also allows for greater analytical depth.
The research shows that the contemporary peacebuilding agenda can do some things very well. It is especially effective at the initial response to crisis. It is after the establishment of this basic security/performance dimension of the
rule of
law that interventions begin to develop their institutional/process dimension through capacity building. Capacity building divides into three levels: the individual, the organisation, and the state. It integrates the
rule of
law across the state edifice and establishes it as a foundational element of the system. However, the most important aspect of building legitimacy is the development of shared beliefs, as it is these that establish what is ‘true’ amongst a society. Contemporary peacebuilding interventions portray the
rule of
law as intrinsically legitimate and the correct, rational way of organising society. This idea permeates through their structures, discourses, and methods. However, the
rule of
law is not intrinsically legitimate. It is a culturally constructed concept that in many countries is in opposition with alternative ways of organising society and resolving conflict. Developing legitimacy in the
rule of
law is then a struggle between competing organisational systems. Such conflict jeopardises gains made by interventions, as the
rule of
law is fighting an uphill battle against other internalised, and often more locally reverent, norms. If it is to establish in post-conflict environments, the
rule of
law and competing systems need to interact to produce a locally relevant, hybrid, conception of the
rule of
law. One that is recognisable to…
Advisors/Committee Members: Overton, John.
Subjects/Keywords: Solomon Islands; Rule of law; Legitimacy
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Kiddle, F. B. (2014). A Prologue to Development: Establishing the legitimacy of the rule of law in post-conflict Solomon Islands. (Masters Thesis). Victoria University of Wellington. Retrieved from http://hdl.handle.net/10063/3505
Chicago Manual of Style (16th Edition):
Kiddle, Finbar Benedict. “A Prologue to Development: Establishing the legitimacy of the rule of law in post-conflict Solomon Islands.” 2014. Masters Thesis, Victoria University of Wellington. Accessed September 23, 2019.
http://hdl.handle.net/10063/3505.
MLA Handbook (7th Edition):
Kiddle, Finbar Benedict. “A Prologue to Development: Establishing the legitimacy of the rule of law in post-conflict Solomon Islands.” 2014. Web. 23 Sep 2019.
Vancouver:
Kiddle FB. A Prologue to Development: Establishing the legitimacy of the rule of law in post-conflict Solomon Islands. [Internet] [Masters thesis]. Victoria University of Wellington; 2014. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/10063/3505.
Council of Science Editors:
Kiddle FB. A Prologue to Development: Establishing the legitimacy of the rule of law in post-conflict Solomon Islands. [Masters Thesis]. Victoria University of Wellington; 2014. Available from: http://hdl.handle.net/10063/3505
University of Hong Kong
3.
Zhu, Han.
Social movements and the law in contemporary China : a
comparative perspective.
Degree: PhD, 2016, University of Hong Kong
URL: http://hdl.handle.net/10722/235875
► In the past three decades, China has witnessed the emergence of new social movements, particularly the weiquan movements, which took place simultaneously with legally significant…
(more)
▼ In the past three decades, China has witnessed the
emergence of new social movements, particularly the weiquan
movements, which took place simultaneously with legally significant
developments. In contrast to their counterparts in democratic
countries, social movements in China have emerged in a legal
environment characterized by a thin rule of law with a low level of
liberal political morality. Against this background, this thesis
explores the interaction between social movements and the law in
contemporary China, and with reference to the experience of Taiwan
and South Korea during their authoritarian periods and transitions
to democracy. By applying the political opportunity and the
resource mobilization theories of social movements to the field of
law, this thesis analyzes the opportunities and constraints
embedded in the legal structure of China that encourage or
discourage social movements, and it also examines how rights
advocates organize and mobilize legal resources for social
campaigns given the existing legal opportunities and constraints.
This thesis first surveys the developmental trajectories of social
movements and the legal structure in China, Taiwan and South Korea
under different constitutional modes. Then, following the rights
support structure approach put forth by Charles Epp, the thesis is
organized into three main components, with focus on rights lawyers,
rights NGOs, and their legal mobilization (primarily strategic
litigation and citizen petition).
Generally speaking, the
findings of this research show that social movements and the law
have interactive impacts on each other in contemporary China. The
law has played a Janus-like role in social movements in China by
both facilitating and restricting the mobilization of social
movements. On the other hand, social movements have sought to steer
the thin rule of law in China toward the direction of greater
protection of human rights and more constraint on the power of the
state. However, the interactions between social movements and the
law show that it is hardly possible to achieve a full-fledged thin
rule of law without a parallel development of liberal political
morality. Although legal development in China has provided some
room for legal mobilization in social movements, the party-state
and its legal structure prevents the escalation of social movements
in China to a higher level of mobilization and politicization, in
comparison with their counterparts in Taiwan and South Korea during
their authoritarian periods. The rights support structure in the
civil society of China hardly has any external partners from
political society in promoting greater public mobilization. Based
on a comparative study, the research casts doubts on the
hypothetical sequence of the development of the rule of law to
democratization.
This study is significant in several aspects.
First, it enriches the studies on social movements and the law in
authoritarian societies. Second, it contributes to a better
understanding of the rule of law under the party-state…
Subjects/Keywords: Social movements - China; Rule of law - China
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Zhu, H. (2016). Social movements and the law in contemporary China : a
comparative perspective. (Doctoral Dissertation). University of Hong Kong. Retrieved from http://hdl.handle.net/10722/235875
Chicago Manual of Style (16th Edition):
Zhu, Han. “Social movements and the law in contemporary China : a
comparative perspective.” 2016. Doctoral Dissertation, University of Hong Kong. Accessed September 23, 2019.
http://hdl.handle.net/10722/235875.
MLA Handbook (7th Edition):
Zhu, Han. “Social movements and the law in contemporary China : a
comparative perspective.” 2016. Web. 23 Sep 2019.
Vancouver:
Zhu H. Social movements and the law in contemporary China : a
comparative perspective. [Internet] [Doctoral dissertation]. University of Hong Kong; 2016. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/10722/235875.
Council of Science Editors:
Zhu H. Social movements and the law in contemporary China : a
comparative perspective. [Doctoral Dissertation]. University of Hong Kong; 2016. Available from: http://hdl.handle.net/10722/235875
Cornell University
4.
McKie, Kristin.
Reining In The Big Men: The Politics Of Executive Constraints Across Sub-Saharan Africa
.
Degree: 2012, Cornell University
URL: http://hdl.handle.net/1813/29370
► Under what conditions does the rule of law, especially with regards to the constraining of executive power, become institutionalized in newly liberalized countries where presidential…
(more)
▼ Under what conditions does the
rule of
law, especially with regards to the constraining of executive power, become institutionalized in newly liberalized countries where presidential authority has historically been greatly unchecked? This dissertation explores this puzzle by exploring two inter-related questions: first, why would a longtime ruling party acquiesce to institutional constraints being placed on the executive in the first place, and second, once implemented, why are these institutional rules able to successfully constrain leaders in some sub-Saharan states but not others? To address both questions, my dissertation investigates variation in the adoption of, and later adhe rence to, executive term limit laws and other constraints on presidential power across Africa. Based on both a medium-n quantitative analysis and extensive qualitative interview and archival data collected during eleven months of fieldwork in Uganda and Zambia, I construct an explanation that challenges previous assumptions about the development of constitutionalism in liberalizing countries. I argue that, due to the rarity of divided governments across sub-Saharan Africa, members of parliament from the ruling party ultimately choose whether or not to restrain executive tenure based on their perceptions of their party's (and, therefore, their own) electoral competitiveness. To support this argument, I develop an explanation of actor decision making that probabilistically links the relative strength of the incumbent party vis-à-vis the opposition to the outcome of term limit choice due to elite perceptions of electoral competition and its twin mechanisms of the threat of turnover and the probability of winning re-election under the banner of another party. Ruling party MPs vote to adopt and later uphold executive tenure limits in times of electoral uncertainty in order to ensure their party's ability to compete for power in the medium-term should they lose it in the short-term by removing incumbency advantage from the opposition. However, if the incumbent party is not threatened with replacement in the foreseeable future by an opposition party, ruling party MPs will not have the same incentives to favor constitutional provisions that check the executive's power and will, in fact, fo rgo or abolish term limits in order to increase their chances of riding the incumbent president's coattails to their own re-election. By locating the impetus for both institutional choice and strength in the micro -foundations of elite decision-making, I demonstrate that conventional understandings of conditions that lead to the compliance with constitutional rules in the developing world, such international donor pressures and demonstration effects, vertical accountability, pact-making, and levels of democracy in general, fail to adequately explain the variation in the ability of constitutions to regulate executive tenure across Africa. In this way, I argue that formal rules are often endogenous to the political environment in which they are created. I further…
Advisors/Committee Members: Roberts, Kenneth (committeeMember), Bunce, Valerie Jane (committeeMember), Moehler, Devra Coren (committeeMember).
Subjects/Keywords: African Politics;
Political Institutions;
Rule of Law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
McKie, K. (2012). Reining In The Big Men: The Politics Of Executive Constraints Across Sub-Saharan Africa
. (Thesis). Cornell University. Retrieved from http://hdl.handle.net/1813/29370
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
McKie, Kristin. “Reining In The Big Men: The Politics Of Executive Constraints Across Sub-Saharan Africa
.” 2012. Thesis, Cornell University. Accessed September 23, 2019.
http://hdl.handle.net/1813/29370.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
McKie, Kristin. “Reining In The Big Men: The Politics Of Executive Constraints Across Sub-Saharan Africa
.” 2012. Web. 23 Sep 2019.
Vancouver:
McKie K. Reining In The Big Men: The Politics Of Executive Constraints Across Sub-Saharan Africa
. [Internet] [Thesis]. Cornell University; 2012. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/1813/29370.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
McKie K. Reining In The Big Men: The Politics Of Executive Constraints Across Sub-Saharan Africa
. [Thesis]. Cornell University; 2012. Available from: http://hdl.handle.net/1813/29370
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Cornell University
5.
Suh, Chan Suk.
When Human Rights Collide With National Security: The Politics Of Torture In Times Of Insecurity
.
Degree: 2015, Cornell University
URL: http://hdl.handle.net/1813/41079
► This dissertation examines how the competing tensions between human rights norms and national security threats shape nation-states' human rights practices. This research particularly focuses on…
(more)
▼ This dissertation examines how the competing tensions between human rights norms and national security threats shape nation-states' human rights practices. This research particularly focuses on the varying contexts of security threat under which governments may or may not comply with the norms of human rights. Drawing on the case of torture, one of the most contentious human rights issues in contemporary times, I apply mixed-methods approach by combining a quantitative cross-national analysis with in-depth case studies of states in times of security threat: South Korea before and after the Cold War and the United States in the post 9/11 era. In the international analysis, I analyze cross-national, time-series data of 159 sovereign states between 1981 and 2010 with a particular focus on three stages: times of peace, period of armed conflict, and post-conflict. The results indicate that torture is prevented by INGO membership and an independent judicial body in peacetime, but the factors contributing to the protection of human rights in peacetime are neutralized during armed conflicts. In the post-conflict period,
law becomes a pivotal factor to roll back practices of wartime torture: both the independent judicial body and the state's ratification of international anti-torture treaties decrease the likelihood of using torture. In the case study of South Korea, I use a process-tracing method to suggest that neither the government's signing of anti-torture treaties nor the political transition to democracy directly result in the end of torture. Rather, I reveal how the practice of torture disappears only through the persistent efforts of newly democratized governments and legal and civil society actors to establish a
rule of
law. Finally, in the case study of the United States, I examine how the established
rule of
law can be expanded to protect non-citizens who are in extraterritorial areas. I pay particular focus on the professional activism of the Guantánamo habeas lawyers that eventually expanded the jurisdiction of the United States courts to trial these non-citizen suspects housed in the Guantánamo Bay detention camp. This dissertation has strong implications for furthering our understanding of the promises and challenges of human rights in contemporary times.
Advisors/Committee Members: Brashears,Matthew Edward (committeeMember), Tarrow,Sidney G (committeeMember).
Subjects/Keywords: human rights;
torture;
rule of law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Suh, C. S. (2015). When Human Rights Collide With National Security: The Politics Of Torture In Times Of Insecurity
. (Thesis). Cornell University. Retrieved from http://hdl.handle.net/1813/41079
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Suh, Chan Suk. “When Human Rights Collide With National Security: The Politics Of Torture In Times Of Insecurity
.” 2015. Thesis, Cornell University. Accessed September 23, 2019.
http://hdl.handle.net/1813/41079.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Suh, Chan Suk. “When Human Rights Collide With National Security: The Politics Of Torture In Times Of Insecurity
.” 2015. Web. 23 Sep 2019.
Vancouver:
Suh CS. When Human Rights Collide With National Security: The Politics Of Torture In Times Of Insecurity
. [Internet] [Thesis]. Cornell University; 2015. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/1813/41079.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Suh CS. When Human Rights Collide With National Security: The Politics Of Torture In Times Of Insecurity
. [Thesis]. Cornell University; 2015. Available from: http://hdl.handle.net/1813/41079
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Toronto
6.
Wang, Hao.
China's Embattled "Rule of Law": Paradoxes and the Breakthrough under Single Party Dominance.
Degree: 2014, University of Toronto
URL: http://hdl.handle.net/1807/67860
► China's thirty years of economic development has brought on a number of crippling problems: high inequality, unbalanced development, environmental degradation and so forth. Arguably all…
(more)
▼ China's thirty years of economic development has brought on a number of crippling problems: high inequality, unbalanced development, environmental degradation and so forth. Arguably all of them coincide with China's long-enduring absence of a full-fledged legal system that could balance state power and human rights, in another word, the "rule of law". Looking into reform advancement and regression of China's legal development, this thesis argues that a "rule of law" regime as proposed by Pan Wei would either fail to come into being, or will not do the job, without constitutional and legislative reform. This thesis argues that China's centuries-old civic project is one focusing on building constitutionalism, and a Chinese Socialist Constitutional State conducive to Socialist democracy as proposed in the thesis would better reconcile the needs of the Party and society at this critical juncture, as well as in the long run.
M.A.
Advisors/Committee Members: Falkenheim, C. Victor, East Asian Studies.
Subjects/Keywords: China; Constitutionalism; Rule of Law; 0342
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Wang, H. (2014). China's Embattled "Rule of Law": Paradoxes and the Breakthrough under Single Party Dominance. (Masters Thesis). University of Toronto. Retrieved from http://hdl.handle.net/1807/67860
Chicago Manual of Style (16th Edition):
Wang, Hao. “China's Embattled "Rule of Law": Paradoxes and the Breakthrough under Single Party Dominance.” 2014. Masters Thesis, University of Toronto. Accessed September 23, 2019.
http://hdl.handle.net/1807/67860.
MLA Handbook (7th Edition):
Wang, Hao. “China's Embattled "Rule of Law": Paradoxes and the Breakthrough under Single Party Dominance.” 2014. Web. 23 Sep 2019.
Vancouver:
Wang H. China's Embattled "Rule of Law": Paradoxes and the Breakthrough under Single Party Dominance. [Internet] [Masters thesis]. University of Toronto; 2014. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/1807/67860.
Council of Science Editors:
Wang H. China's Embattled "Rule of Law": Paradoxes and the Breakthrough under Single Party Dominance. [Masters Thesis]. University of Toronto; 2014. Available from: http://hdl.handle.net/1807/67860
University of New South Wales
7.
Coorey, Pornsakol Panikabutara.
Restraining arbitrary power in Thailand: the sociological approach in examining the rule of law.
Degree: Law, 2010, University of New South Wales
URL: http://handle.unsw.edu.au/1959.4/50801
;
https://unsworks.unsw.edu.au/fapi/datastream/unsworks:9696/SOURCE02?view=true
► The primary objective of this thesis is to develop and use a new framework to examine the existence of the rule of law in Thailand.…
(more)
▼ The primary objective of this thesis is to develop and use a new framework to examine the existence of the
rule of
law in Thailand. Many writers believe that Thailand is a nation which lacks sufficient constraint on the exercise of arbitrary power. These writers often blame the judiciary and other key institutions for not curbing corruption and other forms of abuses of power. While each writer adopts a different approach in analysing the
rule of
law, their views are almost always taken out of context and do not tell the entire story.This is considered as inadequate, as these views often fail to appreciate the core sociological aspects of the
rule of
law. It is these core sociological aspects which are considered as essential to understanding the way the
rule of
law operates in Thailand. Without a proper understanding of the traditions and culture of Thailand, it is misguiding to simply transplant the classic view of the
rule of
law and compare its key institutions in an ad hoc way. History has shown that more often than not the process generally does not work. A more rigorous analysis is required. This thesis explains and adopts the new approach in examining the
rule of
law in Thailand. This approach examines the key influences of the
rule of
law in light of its sociological context. It looks beyond the judiciary and other independent institutions and into various areas of social science. Particularly, the level of independence and performance of each major court in Thailand is examined, followed by a comprehensive evaluation of selected independent constitutional institutions.These institutions are then considered in light of other sociological influences on the
rule of
law in Thailand. Such influences include: social values, political culture, religion, the King and the military. Other external influences such as Asian values and globalisation are also considered. These influences are something that has never been explored before. In saying this, the new approach – the sociological methodology differs considerably from past attempts to analyse the existence of the
rule of
law in Thailand and concludes contrary to popular belief.
Advisors/Committee Members: Czarnota, Adam, Law, Faculty of Law, UNSW.
Subjects/Keywords: Sociological approach; Rule of law; Thailand
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Coorey, P. P. (2010). Restraining arbitrary power in Thailand: the sociological approach in examining the rule of law. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/50801 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:9696/SOURCE02?view=true
Chicago Manual of Style (16th Edition):
Coorey, Pornsakol Panikabutara. “Restraining arbitrary power in Thailand: the sociological approach in examining the rule of law.” 2010. Doctoral Dissertation, University of New South Wales. Accessed September 23, 2019.
http://handle.unsw.edu.au/1959.4/50801 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:9696/SOURCE02?view=true.
MLA Handbook (7th Edition):
Coorey, Pornsakol Panikabutara. “Restraining arbitrary power in Thailand: the sociological approach in examining the rule of law.” 2010. Web. 23 Sep 2019.
Vancouver:
Coorey PP. Restraining arbitrary power in Thailand: the sociological approach in examining the rule of law. [Internet] [Doctoral dissertation]. University of New South Wales; 2010. [cited 2019 Sep 23].
Available from: http://handle.unsw.edu.au/1959.4/50801 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:9696/SOURCE02?view=true.
Council of Science Editors:
Coorey PP. Restraining arbitrary power in Thailand: the sociological approach in examining the rule of law. [Doctoral Dissertation]. University of New South Wales; 2010. Available from: http://handle.unsw.edu.au/1959.4/50801 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:9696/SOURCE02?view=true
University of Sydney
8.
Hill, Martin Roland.
The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?
.
Degree: 2017, University of Sydney
URL: http://hdl.handle.net/2123/18078
► This thesis seeks to ascertain whether the rule of law limits the legislative power of State legislatures (a question posted in «em»Momcilovic v The Queen«/em»…
(more)
▼ This thesis seeks to ascertain whether the rule of law limits the legislative power of State legislatures (a question posted in «em»Momcilovic v The Queen«/em» (2011) 245 CLR 1). It argues that the rule of law, understood as a legal principle, is not presently recognised as a constraint on the capacity of the New South Wales Legislature. It further argues that it is unlikely that the rule of law will be recognised as such a constraint.«br /» «br /» This thesis starts with consideration of the concept of the rule of law. It surveys conceptions of the rule of law that have informed Australian jurists and conceptions advanced by those jurists. It does so to show how theoretical conceptions have informed judicial consideration of the rule of law. It also surveys the aspects and requirements of the rule of law that have been recognised by the High Court of Australia. It demonstrates that those aspects correspond to the theoretical conceptions. It also distinguishes those aspects and requirements connected to legality from other identified aspects and requirements.«br /» «br /» This thesis then shows that the rule of law has not been recognised as a constraint on the power conferred on the New South Wales Legislature by the «em»Constitution Act 1902«/em» (NSW). It examines the constraints imposed by the «em»Constitution Act 1902«/em» and the «em»Commonwealth of Australia Constitution«/em».«br /» «br /» In light of the conclusion that the rule of law is not a recognised constraint, this thesis assesses whether the rule of law might be recognised as such a constraint. It evaluates the possibility that the «em»Commonwealth Constitution«/em» might provide a basis for the imposition of the rule of law. To do so, it considers Justice Dixon’s acknowledgement, in «em»Australian Communist Party v Commonwealth«/em» (1951) 83 CLR 1, that the rule of law is a traditional conception assumed by the «em»Commonwealth Constitution«/em». It also examines the relationship between the rule of law and Chapter III of the «em»Commonwealth Constitution«/em» and the implications that relationship might have for State legislatures. It shows that any constraint derived from Chapter III of the «em»Commonwealth Constitution«/em» is unlikely to extend beyond securing the legality of governmental action. This thesis also assesses whether the common law is capable of imposing the rule of law as a constraint on legislative capacity. It shows that such a constraint will be weak in the face of considered action by a State legislature. Ultimately, this thesis argues that the rule of law is only likely to be recognised as a constraint when a court is confronted with an extreme law.
Subjects/Keywords: Law;
Constitution;
Rule of;
New South Wales
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Hill, M. R. (2017). The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?
. (Thesis). University of Sydney. Retrieved from http://hdl.handle.net/2123/18078
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Hill, Martin Roland. “The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?
.” 2017. Thesis, University of Sydney. Accessed September 23, 2019.
http://hdl.handle.net/2123/18078.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Hill, Martin Roland. “The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?
.” 2017. Web. 23 Sep 2019.
Vancouver:
Hill MR. The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?
. [Internet] [Thesis]. University of Sydney; 2017. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/2123/18078.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Hill MR. The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?
. [Thesis]. University of Sydney; 2017. Available from: http://hdl.handle.net/2123/18078
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Alberta
9.
Shelley, Jacob Jordan.
A Normative Framework for Public Health Law.
Degree: Master of Laws, Faculty of Law, 2009, University of Alberta
URL: https://era.library.ualberta.ca/files/n583xv355
► Public health law is in the midst of a crisis of public confidence, which, this paper contends, has resulted from the lack of a thorough…
(more)
▼ Public health law is in the midst of a crisis of
public confidence, which, this paper contends, has resulted from
the lack of a thorough normative framework to ground public health
law. This paper attempts to fill this gap by articulating a
normative framework for public health law, situating it within a
rule of law tradition in a limited, democratic state. This paper
proceeds in three parts: it begins with a descriptive analysis of
public health law; it examines the normative theories of rule of
law and liberty; and, it examines public health law in light of the
normative theories. This paper concludes that public health law,
conceived as government interference, is consistent with rule of
law and liberty and that rule of law and liberty help provide
public health law with a normative framework.
Subjects/Keywords: public health, law, liberty, rule of law, public health
law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Shelley, J. J. (2009). A Normative Framework for Public Health Law. (Masters Thesis). University of Alberta. Retrieved from https://era.library.ualberta.ca/files/n583xv355
Chicago Manual of Style (16th Edition):
Shelley, Jacob Jordan. “A Normative Framework for Public Health Law.” 2009. Masters Thesis, University of Alberta. Accessed September 23, 2019.
https://era.library.ualberta.ca/files/n583xv355.
MLA Handbook (7th Edition):
Shelley, Jacob Jordan. “A Normative Framework for Public Health Law.” 2009. Web. 23 Sep 2019.
Vancouver:
Shelley JJ. A Normative Framework for Public Health Law. [Internet] [Masters thesis]. University of Alberta; 2009. [cited 2019 Sep 23].
Available from: https://era.library.ualberta.ca/files/n583xv355.
Council of Science Editors:
Shelley JJ. A Normative Framework for Public Health Law. [Masters Thesis]. University of Alberta; 2009. Available from: https://era.library.ualberta.ca/files/n583xv355
University of Oxford
10.
Mehta, Dhvani.
The environmental rule of law in India.
Degree: PhD, 2017, University of Oxford
URL: https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729235
► This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and…
(more)
▼ This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and uses this description to critique the dominant discourse on environmental institutional reform. A secondary framework-fragmentation is also used to supplement the analysis of Indian environmental law. Part I develops the conceptual framework of the environmental rule of law by considering the special challenges that the inherent polycentric and interdisciplinary nature of environmental law present for commonly understood rule of law values such as clarity, certainty and consistency. It also relies on Jeremy Waldron's conception of articulated governance to demonstrate that the rule of law is linked to the principle of separation of powers. This conception lays emphasis on the role of the three institutions of government - the legislature, the executive and the judiciary - in strengthening or weakening the rule of law. To determine institutional contribution to the rule of law, I develop three broad indicators to assess the legal quality of the instruments of each of these institutions of government. These indicators are: a) capacity of statutes to guide executive and judicial behaviour by goal-setting and balancing competing interests; b) the ability of the executive to make flexible yet reasoned decisions grounded in primary legislation; and c) the use of statutory interpretation and consistent standards of judicial review by the courts as they give effect to environmental rights and principles. Through the use of case studies in Part II that span environmental impact assessment, forest conservation, and indigenous rights, I demonstrate that the lack of adherence to these indicators produces a body of environmental law that is fragmented i.e. one characterised by multiple overlapping yet self-contained legal regimes with conflicting provisions and the absence of unifying norms. In Part III, I use this understanding of fragmentation to critically analyse environmental legal and institutional reform proposals. I show that existing proposals address only the structure, rather than the process of functioning of the institutions of government. The rule of law framework that I develop also has potential for application to other areas of the law.
Subjects/Keywords: 344.04; Environmental Law; Administrative Law; rule of law; fragmentation
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Mehta, D. (2017). The environmental rule of law in India. (Doctoral Dissertation). University of Oxford. Retrieved from https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729235
Chicago Manual of Style (16th Edition):
Mehta, Dhvani. “The environmental rule of law in India.” 2017. Doctoral Dissertation, University of Oxford. Accessed September 23, 2019.
https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729235.
MLA Handbook (7th Edition):
Mehta, Dhvani. “The environmental rule of law in India.” 2017. Web. 23 Sep 2019.
Vancouver:
Mehta D. The environmental rule of law in India. [Internet] [Doctoral dissertation]. University of Oxford; 2017. [cited 2019 Sep 23].
Available from: https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729235.
Council of Science Editors:
Mehta D. The environmental rule of law in India. [Doctoral Dissertation]. University of Oxford; 2017. Available from: https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.729235
University of Oxford
11.
Grogan, Joelle.
An EU-centric account of the rule of law.
Degree: PhD, 2016, University of Oxford
URL: http://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.730027
► The rule of law is declared to be a foundational and guiding value of the European Union in Article 2 Treaty on European Union. The…
(more)
▼ The rule of law is declared to be a foundational and guiding value of the European Union in Article 2 Treaty on European Union. The European Commission claims to be the 'guardian of the rule of law', and the concept has been determinative in judgments in the Court of Justice of the EU. However, the EU has not defined what exactly is meant by 'the rule of law'. This leads to the question: how can the EU claim to be guided by the rule of law, 'common to all Member States', but not provide an account of what that means in practice? To determine such an account, I examine contemporary accounts of the rule of law and identify the specific nature of the EU. I conclude that while the rule of law is a shared value across legal systems, distinct accounts develop within, and adapt to, each one. I advance an EU-centric account of the rule of law (EUCA) which is apt for the EU legal order. I advocate the value of EUCA first in abstract by providing reasons for why it is to the benefit of the EU Institutions, the Member States and individuals to endorse EUCA compliance. I then show the practical use of EUCA as a source of legitimacy from the perspective of Member States and individuals in the context of issues of contemporary and pressing concern in the areas of international trade, corporate taxation and the criminal law. I seek to bridge the gap between a theoretical account of the rule of law apt for the EU legal order, and the practical guidance it can provide in the resolution of crisis issues. I conclude on the essential importance of guarding, strengthening, and enhancing the rule of law throughout the EU, not just as a means of resolution in times of crisis, but as a guarantee of the future of the European Union.
Subjects/Keywords: 341.242; Law; rule of law; European Union law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Grogan, J. (2016). An EU-centric account of the rule of law. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.730027
Chicago Manual of Style (16th Edition):
Grogan, Joelle. “An EU-centric account of the rule of law.” 2016. Doctoral Dissertation, University of Oxford. Accessed September 23, 2019.
http://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.730027.
MLA Handbook (7th Edition):
Grogan, Joelle. “An EU-centric account of the rule of law.” 2016. Web. 23 Sep 2019.
Vancouver:
Grogan J. An EU-centric account of the rule of law. [Internet] [Doctoral dissertation]. University of Oxford; 2016. [cited 2019 Sep 23].
Available from: http://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.730027.
Council of Science Editors:
Grogan J. An EU-centric account of the rule of law. [Doctoral Dissertation]. University of Oxford; 2016. Available from: http://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.730027
University of California – Berkeley
12.
Castano Parra, Daniel Alejandro.
A Contribution to the Study of Administrative Power in a Philosophical Perspective.
Degree: Law, 2017, University of California – Berkeley
URL: http://www.escholarship.org/uc/item/1mg974wr
► This dissertation explores the challenges that administrative reasoning places on classical theories about the nature of law or adjudication, the structure of the legal process,…
(more)
▼ This dissertation explores the challenges that administrative reasoning places on classical theories about the nature of law or adjudication, the structure of the legal process, and the separation of powers, particularly in its relationship with legality and the active role of the administrative power in modern governance. It describes how traditional theories about the nature of law and adjudication have explicitly addressed the philosophical foundations of judicial reasoning in hard cases, but they have been oblivious about how administrative decision-makers should decide them. This dissertation argues for an eclectic model where administrative reasoning should ideally be informed by publicly validated expert knowledge that requires a moral and political compass oriented towards the fulfillment of the purposes and aspirations of a democratic polity that lives under the rule of law. To that end, it proposes that the administrative power ought to decide hard cases regardless of the empirical, theoretical or meta-interpretive nature of the disagreement they may elicit. It suggests that, unlike the judiciary, the administrative power is ideally endowed with original or delegated lawmaking authority, vested with democratic legitimacy, and equipped with specialized expertise and the procedural mechanisms to allow the active participation of the citizenry in the administrative process. Furthermore, it proposes that these features entail that administrative decision-makers should reason from principle and policy in deciding hard cases about the planning and allocation of valuable resources in a community by construing the grounds of law or deciding meta-interpretive disagreements based on publicly validated expertise. Finally, this dissertation ventures to speculate that the existence of administrative novelty may challenge the truism embraced by traditional jurisprudence according to which the solution to the tension between law’s certainty and its responsiveness is usually reserved to the interplay legislature-courts that regards the administrative power as a mere executor of legislation.
Subjects/Keywords: Law; Administrative Law; Comparative Law; Executive Power; Legal Philosophy; Public Law; Rule of Law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Castano Parra, D. A. (2017). A Contribution to the Study of Administrative Power in a Philosophical Perspective. (Thesis). University of California – Berkeley. Retrieved from http://www.escholarship.org/uc/item/1mg974wr
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Castano Parra, Daniel Alejandro. “A Contribution to the Study of Administrative Power in a Philosophical Perspective.” 2017. Thesis, University of California – Berkeley. Accessed September 23, 2019.
http://www.escholarship.org/uc/item/1mg974wr.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Castano Parra, Daniel Alejandro. “A Contribution to the Study of Administrative Power in a Philosophical Perspective.” 2017. Web. 23 Sep 2019.
Vancouver:
Castano Parra DA. A Contribution to the Study of Administrative Power in a Philosophical Perspective. [Internet] [Thesis]. University of California – Berkeley; 2017. [cited 2019 Sep 23].
Available from: http://www.escholarship.org/uc/item/1mg974wr.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Castano Parra DA. A Contribution to the Study of Administrative Power in a Philosophical Perspective. [Thesis]. University of California – Berkeley; 2017. Available from: http://www.escholarship.org/uc/item/1mg974wr
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Cape Town
13.
Jones, Michael.
The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law.
Degree: Image, Public Law, 2015, University of Cape Town
URL: http://hdl.handle.net/11427/16661
► The development of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development…
(more)
▼ The development of subjecting government procurement awards to judicial review is a relatively recent development in South African
law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. Given the often lucrative nature of public contracts, challenges to the lawfulness of government procurement awards have become a regular occurrence in South Africa. However, the setting aside of such an award does not automatically follow upon a finding of unlawfulness. For a number of reasons, a court may decline to set aside an unlawful government procurement award. This raises a number of interesting questions, particularly with regard to how such a decision may be reconciled with, and the implications this may have for, the principle of legality and the
Rule of
Law. This dissertation will address these issues, arguing that, ultimately, the concerns are resolved by appreciating the nature of the principle of legality, and the
Rule of
Law's place as a value in society.
Advisors/Committee Members: Corder, Hugh (advisor), Naudé, Tjakie (advisor).
Subjects/Keywords: Public Law; government procurement awards; public accountability; Rule of Law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Jones, M. (2015). The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/16661
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Jones, Michael. “The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law.” 2015. Thesis, University of Cape Town. Accessed September 23, 2019.
http://hdl.handle.net/11427/16661.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Jones, Michael. “The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law.” 2015. Web. 23 Sep 2019.
Vancouver:
Jones M. The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law. [Internet] [Thesis]. University of Cape Town; 2015. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/11427/16661.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Jones M. The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law. [Thesis]. University of Cape Town; 2015. Available from: http://hdl.handle.net/11427/16661
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Univerzitet u Beogradu
14.
Vuković, Danilo S. 1974-.
Друштвени услови стварања и примене социјалног права у
Србији.
Degree: Pravni fakultet, 2015, Univerzitet u Beogradu
URL: https://fedorabg.bg.ac.rs/fedora/get/o:6055/bdef:Content/get
► Društvene nauke - sociologija / Social sciences - sociology
Предмет ове докторске дисертације је утицај друштвених услова на стварање и примену социјалног права у Србији,…
(more)
▼ Društvene nauke - sociologija / Social sciences -
sociology
Предмет ове докторске дисертације је утицај
друштвених услова на стварање и примену социјалног права у Србији,
на преласку из 20. у 21. век. У неколико последњих деценија у
области социјалног права мењају се закони и јавне политике са
далекосежним друштвеним последицама. Циљ овог рада је да у
друштвеном контексту оличеном у два глобална процеса (глобализација
и пост- социјалистичка трансформација) идентификује утицај
друштвених фактора на стварање и примену социјалног права.
Друштвени фактори (детерминанте) чије дејство пратимо јесу држава,
тржиште и вредности, а елите и средњи слојеви су актери чије
деловање и интересе анализирамо. Глобализација је сложен друштвени
процес повећања међузависности друштава и држава. Она има значајне
социјалне последице - нпр. повећање конкуренције доводи до појаве
нових социјалних ризика. Поред дубоких друштвених промена,
глобализација носи са собом нову идеологију, коју означавамо као
мешавину (нео)либерализма и глобализма. Нова идеологија заснована
је на идејама индивидуалне одговорности за благостање, смањеној
улози друштвене солидарности и промењеним улогама државе,
појединаца и приватног сектора у социјалној политици, те
субординацији социјалних процеса економској логици. Услед
глобализације долази и до слабљења капацитета и моћи националних
држава, посебно на периферији. Многе надлежности премештају се на
наднационалне (на пример, у склопу ЕУ интеграција) или регионалне и
локалне нивое власти (у склопу децентрализације). Простор упражњен
повлачењем државе попуњавају међународни актери. Међу њима, за
расправу о социјалном праву посебан значај имају међународне
организације као што су Светска банка, Уједињене нације са својим
агенцијама, билатерални донатори, међународне невладине
организације и Европска унија. Они имају способност да активно
утичу на креирање јавних политика и закона кроз стручну и
финансијску помоћ (у облику кредита и донација) које дају земљама у
развоју, па и Србији.
Advisors/Committee Members: Mitrović, Milovan, 1948-.
Subjects/Keywords: society; law; social rights; social policy; sociology
of law; sociology; rule of law; Serbia
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Vuković, D. S. 1. (2015). Друштвени услови стварања и примене социјалног права у
Србији. (Thesis). Univerzitet u Beogradu. Retrieved from https://fedorabg.bg.ac.rs/fedora/get/o:6055/bdef:Content/get
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Vuković, Danilo S 1974-. “Друштвени услови стварања и примене социјалног права у
Србији.” 2015. Thesis, Univerzitet u Beogradu. Accessed September 23, 2019.
https://fedorabg.bg.ac.rs/fedora/get/o:6055/bdef:Content/get.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Vuković, Danilo S 1974-. “Друштвени услови стварања и примене социјалног права у
Србији.” 2015. Web. 23 Sep 2019.
Vancouver:
Vuković DS1. Друштвени услови стварања и примене социјалног права у
Србији. [Internet] [Thesis]. Univerzitet u Beogradu; 2015. [cited 2019 Sep 23].
Available from: https://fedorabg.bg.ac.rs/fedora/get/o:6055/bdef:Content/get.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Vuković DS1. Друштвени услови стварања и примене социјалног права у
Србији. [Thesis]. Univerzitet u Beogradu; 2015. Available from: https://fedorabg.bg.ac.rs/fedora/get/o:6055/bdef:Content/get
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
15.
Szalai-Krausz, Vivien.
The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency.
Degree: Faculty of Arts and Sciences, 2014, Linköping UniversityLinköping University
URL: http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-107716
► This paper deals with the new Rule of Law Framework (RoLF) of the European Union (EU) from the Council of Europe’s (CoE) perspective. The…
(more)
▼ This paper deals with the new Rule of Law Framework (RoLF) of the European Union (EU) from the Council of Europe’s (CoE) perspective. The European Commission was called for to provide an effective solution to the recent fundamental rights breaches in the EU member states. As a result, the EU’s rule of law initiative was started to prevent and protect member states from such breaches. Several actors were involved in the initiative: the EU included NGOs and international organisations in the process which culminated in the RoLF. The aim of the thesis is to explore the RoLF’s efficiency in the light of the fear for duplication by the CoE. The CoE being the benchmark for human rights, democracy and rule of law in Europe, have such mechanisms in place that are working and respected across Europe. The EU member states are also the member states of the CoE, so they are already bound by their obligations to the CoE conventions, mechanisms and standards. This is why the CoE observes closely the EU’s progress on fundamental rights protection. It followed and participated in the negotiation process of the rule of law initiative closely and expressed its support. Based on this process, on the existing competencies of the CoE, under the egis of co-operation this thesis aims to determine whether the RoLF is an efficient instrument in the European realm of fundamental rights protection.
Subjects/Keywords: International and European relations; European Union; Council of Europe; international co-operation; fundamental rights; rule of law; Rule of Law Framework
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Szalai-Krausz, V. (2014). The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency. (Thesis). Linköping UniversityLinköping University. Retrieved from http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-107716
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Szalai-Krausz, Vivien. “The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency.” 2014. Thesis, Linköping UniversityLinköping University. Accessed September 23, 2019.
http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-107716.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Szalai-Krausz, Vivien. “The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency.” 2014. Web. 23 Sep 2019.
Vancouver:
Szalai-Krausz V. The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency. [Internet] [Thesis]. Linköping UniversityLinköping University; 2014. [cited 2019 Sep 23].
Available from: http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-107716.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Szalai-Krausz V. The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency. [Thesis]. Linköping UniversityLinköping University; 2014. Available from: http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-107716
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Zambia
16.
Kanganja, Joshua L.
The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
.
Degree: 2011, University of Zambia
URL: http://hdl.handle.net/123456789/747
► Kilitary coups in Africa hava emerged on the continent only after the acquisition of political indepcndence froma colonial rulers The following independent African countries have…
(more)
▼ Kilitary coups in Africa hava emerged on the continent only after the acquisition of political indepcndence froma colonial rulers The following independent African countries have experienced a military coups and government more thnn one occasion - Algeria , Burundi and Congo~Braszaville, "Zaire, Central African Republic Gabon Ghana Lesotho, Libya, Mali, Nigeria, Sierra-Lonne, Somalia, Sudan, Togo, Uganda, Upper Voita, Zanzibar and Ethiopia - altogether twenty in all end this figure it must be remembered is exclusive of abortive or attempted coups. Obviouoly judging from the list of countries that have experienced the coup, the military coup has overtaken almost the whole of the African continent*
With the success of cuoceee of a military coup, comes military government*To some people, military government means the erosion or abrogation of all democratic inatitutiions. To others and notably so the soldiers who Instigate military takeovers, military governnent its necessary in order that democracy, justice and fundamental human rights and freedoms nay be restored in tho countries where the military coup has taken place. Coup instigators usaully state after the success of the coup d'etn*? that they will be in power only for as long as it Is necessary to clear and rectify the political "messs" that has bean made by the deposed politicians. So with the two view points In mind Ghana and Nigeria where chosen to be the area of study for this dissertation, particularly because there is avidence that suggests that within these countries the military authorities have shown considerable respect for fundamental human rights and freedoms.
The dissertation begins with a discussion of the possible reasons why the military intervene in African politico, This was considered necessary as noted nbove the list of countries that have experienced a military coup is quita extensive and so it could be said the incidence of military coups in Africa has reached alarming proportions and as such this problem merits consideration Then there follows a discussion of the legal effects of a military coup upon a legal system and the nature cf military rule
After the preliminary matters comes a discussion of the crux of the natter the impact of military rule upon
fundamental human rights end freedom© in Ghana and Nigeria The fundamental human rights and freedoms discussed comprise mainly those found in the fundamental rights chapter of independence constitutions (i.e the constitution handed down at tho time of independence) of newly independentt African countries) In particular the following rights and freedoms are discussed •
Subjects/Keywords: Rule of law – Ghana.;
Rule of law – Nigeria;
Military government.;
Ghana – Politics and government;
Nigeria – Politics and government
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Kanganja, J. L. (2011). The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
. (Thesis). University of Zambia. Retrieved from http://hdl.handle.net/123456789/747
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Kanganja, Joshua L. “The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
.” 2011. Thesis, University of Zambia. Accessed September 23, 2019.
http://hdl.handle.net/123456789/747.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Kanganja, Joshua L. “The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
.” 2011. Web. 23 Sep 2019.
Vancouver:
Kanganja JL. The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
. [Internet] [Thesis]. University of Zambia; 2011. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/123456789/747.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Kanganja JL. The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
. [Thesis]. University of Zambia; 2011. Available from: http://hdl.handle.net/123456789/747
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Australian National University
17.
Grenfell, Laura.
The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste
.
Degree: 2011, Australian National University
URL: http://hdl.handle.net/1885/7180
► The re/establishment of the ‘rule of law’ in transitional countries has become a mantra of the international community. At its core, the rule of law…
(more)
▼ The re/establishment of the ‘rule of law’ in transitional countries has become a mantra of the international community. At its core, the rule of law assumes that the state enjoys a monopoly of law. This thesis argues that the promotion of the rule of law in transitional countries gives insufficient attention to whether a strong level of legal pluralism exists, in that forms of non-state law, such as customary law, operate in parallel with state law and are preferred by a large proportion of the population. A strong level of legal pluralism is the norm in many regions of the world, particularly in Africa, Asia and the Pacific, where between 80 to 90 per cent of disputes are taken to non-state legal mechanisms for resolution.
This study examines two transitional countries, South Africa and Timor-Leste, which are attempting to re/establish the rule of law and where legal pluralism is strong. ...
Subjects/Keywords: rule of law; legal pluralism; Timor-Leste; South Africa; customary law; women; international law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Grenfell, L. (2011). The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste
. (Thesis). Australian National University. Retrieved from http://hdl.handle.net/1885/7180
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Grenfell, Laura. “The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste
.” 2011. Thesis, Australian National University. Accessed September 23, 2019.
http://hdl.handle.net/1885/7180.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Grenfell, Laura. “The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste
.” 2011. Web. 23 Sep 2019.
Vancouver:
Grenfell L. The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste
. [Internet] [Thesis]. Australian National University; 2011. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/1885/7180.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Grenfell L. The relationship between legal pluralism and the rule of law in South Africa and Timor-Leste
. [Thesis]. Australian National University; 2011. Available from: http://hdl.handle.net/1885/7180
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Toronto
18.
Bogutskiy, Gennadiy.
Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power.
Degree: 2012, University of Toronto
URL: http://hdl.handle.net/1807/33343
► A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became…
(more)
▼ A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.
MAST
Advisors/Committee Members: Audrey, Macklin, Law.
Subjects/Keywords: Extradition; International legal personality of an individual; Rule of law; 0398
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Bogutskiy, G. (2012). Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power. (Masters Thesis). University of Toronto. Retrieved from http://hdl.handle.net/1807/33343
Chicago Manual of Style (16th Edition):
Bogutskiy, Gennadiy. “Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power.” 2012. Masters Thesis, University of Toronto. Accessed September 23, 2019.
http://hdl.handle.net/1807/33343.
MLA Handbook (7th Edition):
Bogutskiy, Gennadiy. “Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power.” 2012. Web. 23 Sep 2019.
Vancouver:
Bogutskiy G. Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power. [Internet] [Masters thesis]. University of Toronto; 2012. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/1807/33343.
Council of Science Editors:
Bogutskiy G. Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power. [Masters Thesis]. University of Toronto; 2012. Available from: http://hdl.handle.net/1807/33343
University of Edinburgh
19.
Burgess, Paul.
Problems and solutions of change in conceptions of the rule of law in the seventeenth century : evolution or revolution?.
Degree: PhD, 2019, University of Edinburgh
URL: http://hdl.handle.net/1842/35605
► The Rule of Law is one of the most important, and most contested, political concepts. The ideas of thinkers-who are frequently taken to be responsible…
(more)
▼ The Rule of Law is one of the most important, and most contested, political concepts. The ideas of thinkers-who are frequently taken to be responsible for canonical statements relating to the Rule of Law-are frequently used to illustrate the existence of similarities and differences that both identify what the Rule of Law is and delineate the conceptual boundaries of the concept. In citing these thinkers, the underlying assumption is that the Rule of Law can be seen as a single, diachronically conceivable, concept that has evolved over time. I question both of these practices. Considering Rule of Law conceptions in a superficial sense-by considering only thinkers' accounts in the absence of their authoring context-fails to appreciate nuances and inflections that can fundamentally alter perceived similarities or differences; where various canonical accounts can no longer be seen as reflecting the same ideas, the assumption of a single, evolving, idea of the concept of the Rule of Law as drawn in contemporary conceptual discourse cannot be sustained. I conduct a contextualist examination of two accounts frequently associated with the idea of the Rule of Law: Hobbes's Leviathan and Locke's Two Treatises of Government. To place these in context, I adopt a problem / solution approach. I consider their texts as reflecting solutions to problems that existed in their societies at the time they were writing. To expose the associated problems, I consider pamphlets that were popular at that time. By clearly identifying and associating the Rule of Law solutions with the relevant societal problems, a more nuanced appreciation of the accounts is achieved. By identifying inflections in Rule of Law solutions, it becomes possible to disambiguate between superficially similar ideas. By disambiguating in this way-and by illustrating superficially similar accounts are fundamentally different in their nature-I argue there is no necessary conceptual connection between the Rule of Law accounts provided by Hobbes and Locke. I also argue that this difference is sufficient to show that, at least between these two 'canonical' accounts, the assumption that the Rule of Law has evolved cannot hold; change across Hobbes's and Locke's conceptions of the Rule of Law has occurred not by evolution, but by revolution.
Subjects/Keywords: rule of law; concept; Hobbes's Leviathan; Locke's Two Treatises of Government
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Burgess, P. (2019). Problems and solutions of change in conceptions of the rule of law in the seventeenth century : evolution or revolution?. (Doctoral Dissertation). University of Edinburgh. Retrieved from http://hdl.handle.net/1842/35605
Chicago Manual of Style (16th Edition):
Burgess, Paul. “Problems and solutions of change in conceptions of the rule of law in the seventeenth century : evolution or revolution?.” 2019. Doctoral Dissertation, University of Edinburgh. Accessed September 23, 2019.
http://hdl.handle.net/1842/35605.
MLA Handbook (7th Edition):
Burgess, Paul. “Problems and solutions of change in conceptions of the rule of law in the seventeenth century : evolution or revolution?.” 2019. Web. 23 Sep 2019.
Vancouver:
Burgess P. Problems and solutions of change in conceptions of the rule of law in the seventeenth century : evolution or revolution?. [Internet] [Doctoral dissertation]. University of Edinburgh; 2019. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/1842/35605.
Council of Science Editors:
Burgess P. Problems and solutions of change in conceptions of the rule of law in the seventeenth century : evolution or revolution?. [Doctoral Dissertation]. University of Edinburgh; 2019. Available from: http://hdl.handle.net/1842/35605
University of New South Wales
20.
Richards, Sally.
Responsive Legality.
Degree: Law, 2017, University of New South Wales
URL: http://handle.unsw.edu.au/1959.4/57429
;
https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true
► This dissertation identifies responsive legality as a new ideal type of administrative justice that encompasses the normative logics that public officials at times draw on…
(more)
▼ This dissertation identifies responsive legality as a new ideal type of administrative justice that encompasses the normative logics that public officials at times draw on in twenty-first century public administration. In this ideal type, officials believe a decision is a good one if it blends
rule of
law compliance with a caring concern for substantive justice. In responsive legality, officials work to protect applicant welfare through
rule of
law conformity. They are driven by an overall sense of responsiveness, an orientation towards substantive fairness, and cognitive processes requiring the application of personal experience to verify factual truths.This discernment of responsive legality builds on over thirty-five years of socio-legal administrative justice literature, which seeks to explore the normative logics underpinning public decision making. Understanding these logics is an important socio-legal,
law-in-the-books versus
law-in-action gap study. Where the
law books tell us much about the range of formal rules drawn upon to justify administrative action, studying organisations themselves and importing related social science literature into the
law books can teach us much about a far broader set of rules – normative social rules – that underpin public decisions.Responsive legality is discerned both analytically and empirically. Following Jerry Mashaw’s approach in Bureaucratic Justice, the type explored here is partially drawn from iterations of its features in a broader public administration literature. Most particularly, it draws inspiration from Philippe Nonet and Philip Selznick’s
Law and Society in Transition. Their well-known conceptualisation of responsive
law provides relatable features that, when imported into the pre-existing influential models of administrative justice, demonstrate this unaccounted-for basis on which administrative decisions are justified. A related socio-legal bureaucratic legal consciousness body of literature also guides the conceptual elaboration of this type, particularly in pointing to the centrality of purposively driven and substantively justice-oriented
rule of
law compliance.Empirically, responsive legality is explored through the analysis of interview transcripts with government officials in the Refugee Review Tribunal of Australia. In discussing the basis for their decisions, these officials often demonstrated an orientation towards responsiveness, a concern for substantive fairness, and cognitive processes requiring the application of personal experience to ascertaining factual truths; thus, they empirically verify the real-world existence of this type. In presenting responsive legality, this dissertation is conscious of its limitations. It cannot provide an exhaustive overall account of the multiple bases on which a decision might be justified, nor does it aim to. The administrative justice literature has done much of this work already. Rather, it unearths one new type, capturing and celebrating those times when the
rule of
law meets a responsively oriented ethic of…
Advisors/Committee Members: Roux, Theunis, Law, Faculty of Law, UNSW, Glass, Arthur, Law, Faculty of Law, UNSW, Halliday, Simon, Law, Faculty of Law, UNSW.
Subjects/Keywords: Rule of law; Administrative justice; Responsive governance; Ethic of care
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Richards, S. (2017). Responsive Legality. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true
Chicago Manual of Style (16th Edition):
Richards, Sally. “Responsive Legality.” 2017. Doctoral Dissertation, University of New South Wales. Accessed September 23, 2019.
http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true.
MLA Handbook (7th Edition):
Richards, Sally. “Responsive Legality.” 2017. Web. 23 Sep 2019.
Vancouver:
Richards S. Responsive Legality. [Internet] [Doctoral dissertation]. University of New South Wales; 2017. [cited 2019 Sep 23].
Available from: http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true.
Council of Science Editors:
Richards S. Responsive Legality. [Doctoral Dissertation]. University of New South Wales; 2017. Available from: http://handle.unsw.edu.au/1959.4/57429 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:43393/SOURCE02?view=true
University of Leicester
21.
Oseko, Julie Ouma.
Judicial independence in Kenya : constitutional challenges and opportunities for reform.
Degree: PhD, 2012, University of Leicester
URL: http://hdl.handle.net/2381/27703
► The judiciary in Kenya has been progressively viewed as subservient to the executive, an upholder of state power and a poor protector of citizens’ rights.…
(more)
▼ The judiciary in Kenya has been progressively viewed as subservient to the executive, an upholder of state power and a poor protector of citizens’ rights. The rejection of the judiciary as an independent and impartial arbiter of disputes was a major contributor to the post-election violence experienced in December 2007 which resulted in anarchy and massive loss of lives and property. This thesis contends that there is a contextually symbiotic link between separation of powers, judicial independence and the rule of law. While focusing on the relationship between the judiciary and the executive, the research highlights the dangers of failure to maintain the appropriate balance of power between the executive, judiciary and the legislature, its ramifications to judicial independence and the rule of law. By analysing secondary data and using Kenya as a case study, this relationship is chronologically traced from the pre-colonial, colonial, independence and post-independence periods. An examination of successive constitutions exposes gaps and weaknesses in constitutional provisions guaranteeing judicial independence. Instances of violation are discussed with examples as confirmation that such protection was minimal, weak and not respected in practice. A high degree of executive intrusion, influence and control was evident inter alia in appointments, removal, funding and administration. Cumulatively, these factors contributed to the erosion of personal and institutional independence leading to drastic loss of confidence. Opportunities in terms of implemented reforms, especially the newly promulgated Constitution of Kenya 2010 are scrutinised. The thesis concludes that even though complete independence from the executive cannot be achieved nor is it desirable, more robust constitutional protection of judicial independence, coupled with a high degree of autonomy can be a strong guardian against violation. New threats are discovered. Further research, constitutional amendments and use of non-legal initiatives are proposed as key for future judicial reform.
Subjects/Keywords: 349.6762; Judicial Independence; Rule of Law; Separation of Powers; Judicial Reform; Constitutional Law; Kenya
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Oseko, J. O. (2012). Judicial independence in Kenya : constitutional challenges and opportunities for reform. (Doctoral Dissertation). University of Leicester. Retrieved from http://hdl.handle.net/2381/27703
Chicago Manual of Style (16th Edition):
Oseko, Julie Ouma. “Judicial independence in Kenya : constitutional challenges and opportunities for reform.” 2012. Doctoral Dissertation, University of Leicester. Accessed September 23, 2019.
http://hdl.handle.net/2381/27703.
MLA Handbook (7th Edition):
Oseko, Julie Ouma. “Judicial independence in Kenya : constitutional challenges and opportunities for reform.” 2012. Web. 23 Sep 2019.
Vancouver:
Oseko JO. Judicial independence in Kenya : constitutional challenges and opportunities for reform. [Internet] [Doctoral dissertation]. University of Leicester; 2012. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/2381/27703.
Council of Science Editors:
Oseko JO. Judicial independence in Kenya : constitutional challenges and opportunities for reform. [Doctoral Dissertation]. University of Leicester; 2012. Available from: http://hdl.handle.net/2381/27703
University of Zambia
22.
Phiri, Brenda R.
An evaluation of the efficacy of rules of statutory interpretation: The case of Celtel Zambia LTD (T/A ZAIN Zambia) V. Zambia Revenue Authority (2010/HPC/668)
.
Degree: 2013, University of Zambia
URL: http://hdl.handle.net/123456789/3167
► Statutory interpretation is one of the most common tasks undertaken by Courts. Such interpretation is often necessitated by several factors that include ambiguity and omissions.…
(more)
▼ Statutory interpretation is one of the most common tasks undertaken by Courts. Such interpretation is often necessitated by several factors that include ambiguity and omissions. Judges have over the years developed rules that are used as aids to interpretation. Yet it has been generally observed that there are inconsistencies in the manner the rules are applied and this unpredictable use of the rules has not only raised questions on their efficacy but also impedes the objectives of statutory interpretation in that it greatly lessens the certainty of the law.This work therefore endeavours to provide an evaluation of the efficacy of rules of statutory interpretation as applied in the case of Celtel Zambia Ltd (T/A Zain Zambia) V. Zambia Revenue Authority (2010/HPC/668). The case study approach is the prime methodology adopted in this paper. Specifically, the paper will analyse whether it was sound for the Court to hold that even though the law that formed the basis for collecting of the tax that was in dispute was legal, a component of the collected tax namely that relating to data transfer services, was bona vacantia, that is, without an owner.The paper is divided into five chapters with chapter one providing the background and case details. Chapters two and three provide the theories and application of the rules of statutory interpretation in Zambia while chapter four endeavours to evaluate the efficacy of the rules of statutory interpretation as applied in the case under review. Chapter five concludes the paper by recommending inter alia that judges should be slow to adopt an interpretation which tends to make any part of the statute meaningless or ineffective and that they should objectively and accurately present the real reasons for their decision as such decisions become law.
Subjects/Keywords: Rule of law- Zambia;
Law. Zambia- Interpretation and construction;
Courts- Zambia;
Justice- Administration of- Zambia
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Phiri, B. R. (2013). An evaluation of the efficacy of rules of statutory interpretation: The case of Celtel Zambia LTD (T/A ZAIN Zambia) V. Zambia Revenue Authority (2010/HPC/668)
. (Thesis). University of Zambia. Retrieved from http://hdl.handle.net/123456789/3167
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Phiri, Brenda R. “An evaluation of the efficacy of rules of statutory interpretation: The case of Celtel Zambia LTD (T/A ZAIN Zambia) V. Zambia Revenue Authority (2010/HPC/668)
.” 2013. Thesis, University of Zambia. Accessed September 23, 2019.
http://hdl.handle.net/123456789/3167.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Phiri, Brenda R. “An evaluation of the efficacy of rules of statutory interpretation: The case of Celtel Zambia LTD (T/A ZAIN Zambia) V. Zambia Revenue Authority (2010/HPC/668)
.” 2013. Web. 23 Sep 2019.
Vancouver:
Phiri BR. An evaluation of the efficacy of rules of statutory interpretation: The case of Celtel Zambia LTD (T/A ZAIN Zambia) V. Zambia Revenue Authority (2010/HPC/668)
. [Internet] [Thesis]. University of Zambia; 2013. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/123456789/3167.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Phiri BR. An evaluation of the efficacy of rules of statutory interpretation: The case of Celtel Zambia LTD (T/A ZAIN Zambia) V. Zambia Revenue Authority (2010/HPC/668)
. [Thesis]. University of Zambia; 2013. Available from: http://hdl.handle.net/123456789/3167
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Oxford
23.
Kouroutakis, Antonios.
Sunset clauses : a historical, positive and normative analysis.
Degree: PhD, 2014, University of Oxford
URL: http://ora.ox.ac.uk/objects/uuid:6fe67523-63e3-48e9-9065-dec759566749
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.647575
► Sunset clauses are a commonly used statutory provision related to the temporary duration of various laws. Such clauses are scattered throughout the statute books. This…
(more)
▼ Sunset clauses are a commonly used statutory provision related to the temporary duration of various laws. Such clauses are scattered throughout the statute books. This thesis aims to shed light on the constitutional value of such clauses, in order to value them from the perspective of the separation of powers and the rule of law. We have an extant amount of literature on sunset clauses, especially regarding their utility in the United States. In the United Kingdom, we have a limited analysis with respect to specific fields, including emergency legislation. However, we lack a comprehensive analysis with regard to their constitutional value. This thesis’s analysis is conducted in three parts, separated into the historical, the positive, and the normative. All three parts of this thesis are interdependent, and the analysis of each subsequent part builds on the conclusion of its antecedent. The first part investigates the historical development of sunset clauses since the first Parliament in England. The positive analysis examines the contemporary utility of sunset clauses. Finally, the normative evaluation examines their interaction with several models of separation of powers as it values their impact on the rule of law. Depending on the separation of power model, such clauses play a role in the system of checks and balances. On the one hand, they impact the institutional relationship between the executive and legislative branches. On the other hand, they influence the interaction between the legislature and the courts. Although I acknowledge that their legislative use in limiting human rights diminishes the rule of law, they might have the exact opposite effect: on several occasions in the past, they were used to advance the rule of law, including the adoption of innovative legislation and the annulment of the death penalty. Indeed, this thesis attests to the constitutional value of sunset clauses.
Subjects/Keywords: 342; Constitutional & administrative law; sunset clauses; separation of powers; rule of law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Kouroutakis, A. (2014). Sunset clauses : a historical, positive and normative analysis. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:6fe67523-63e3-48e9-9065-dec759566749 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.647575
Chicago Manual of Style (16th Edition):
Kouroutakis, Antonios. “Sunset clauses : a historical, positive and normative analysis.” 2014. Doctoral Dissertation, University of Oxford. Accessed September 23, 2019.
http://ora.ox.ac.uk/objects/uuid:6fe67523-63e3-48e9-9065-dec759566749 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.647575.
MLA Handbook (7th Edition):
Kouroutakis, Antonios. “Sunset clauses : a historical, positive and normative analysis.” 2014. Web. 23 Sep 2019.
Vancouver:
Kouroutakis A. Sunset clauses : a historical, positive and normative analysis. [Internet] [Doctoral dissertation]. University of Oxford; 2014. [cited 2019 Sep 23].
Available from: http://ora.ox.ac.uk/objects/uuid:6fe67523-63e3-48e9-9065-dec759566749 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.647575.
Council of Science Editors:
Kouroutakis A. Sunset clauses : a historical, positive and normative analysis. [Doctoral Dissertation]. University of Oxford; 2014. Available from: http://ora.ox.ac.uk/objects/uuid:6fe67523-63e3-48e9-9065-dec759566749 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.647575
University of South Africa
24.
Makama, Saul Porsche.
Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictions
.
Degree: 2012, University of South Africa
URL: http://hdl.handle.net/10500/11980
► The beginning of the 1990s saw many African countries embarking on the process of drafting new constitutions as they abandoned independence constitutions. Most of the…
(more)
▼ The beginning of the 1990s saw many African countries embarking on the process of drafting
new constitutions as they abandoned independence constitutions. Most of the independence
constitutions were perceived as constitutions without constitutionalism and they were
generally blamed for failure of democracy and the
rule of
law in Africa.
The study analyses the state of democracy and constitutionalism and the impact that
colonialism had on the African continent. Apart from the spurt of new constitutions adopted,
democracy is growing very slowly in most African states with widespread human rights
violations and disregard for the
rule of
law and the principle of separation of powers, still
holding the centre stage.
Judicial independence is an important component of democracy in the modern state. The
study therefore scrutinizes how the principle of judicial independence can be promoted and
protected to enhance democracy. One important mechanism which plays a crucial role in
safeguarding judicial independence is the way judicial officers are appointed. The study
selects four countries – Swaziland, Kenya, Zimbabwe and South Africa and analyses how
judicial officers are appointed in these countries in an effort to find an effective and optimal
approach.The premise of the study is centred on the role of constitutionalism and the process of
appointing judges as a means of promoting and safeguarding democracy in these selected
countries.
Advisors/Committee Members: Botha, N. J. (Neville John), 1951- (advisor).
Subjects/Keywords: Constitutionalism;
Constitution;
Rule of Law;
Democracy;
International Law;
Judicial independence;
Judiciary;
Separation of powers
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Makama, S. P. (2012). Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictions
. (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/11980
Chicago Manual of Style (16th Edition):
Makama, Saul Porsche. “Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictions
.” 2012. Masters Thesis, University of South Africa. Accessed September 23, 2019.
http://hdl.handle.net/10500/11980.
MLA Handbook (7th Edition):
Makama, Saul Porsche. “Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictions
.” 2012. Web. 23 Sep 2019.
Vancouver:
Makama SP. Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictions
. [Internet] [Masters thesis]. University of South Africa; 2012. [cited 2019 Sep 23].
Available from: http://hdl.handle.net/10500/11980.
Council of Science Editors:
Makama SP. Constitutionalism and judicial appointment as a means of safeguarding judicial independence in selected African jurisdictions
. [Masters Thesis]. University of South Africa; 2012. Available from: http://hdl.handle.net/10500/11980
University of New South Wales
25.
Cacciaguidi-Fahy, Sophie.
Regulating Radical Political Dissent: Reflections on the Case of Ireland and the Treason Felony Act 1848.
Degree: Law, 2015, University of New South Wales
URL: http://handle.unsw.edu.au/1959.4/55149
;
https://unsworks.unsw.edu.au/fapi/datastream/unsworks:36619/SOURCE02?view=true
► This thesis examines the Treason Felony Act 1848 and the issues it raised when it comes to regulating radical dissent. A detailed analysis of the…
(more)
▼ This thesis examines the Treason Felony Act 1848 and the issues it raised when it comes to regulating radical dissent. A detailed analysis of the Hansard debates, and State Trials in Ireland, reveals a story that transcends the accepted narrative of the Irish question. At an intrinsic level, the thesis exposes how a government, a parliament, and the courts understood their commitment to a set of inherited beliefs and long-standing principles designed to limit the exercise of (executive or judicial) power when regulating radical dissent. The analysis reveals an emerging concentration of executive power in Cabinet arising from the government’s majority, its growing alignment with the legislature, and the benign response of the courts to intrusions on the constitution and the common
law. As such the story of the Act provides valuable insights into the role
law played (or did not play) in 1848 in limiting the possibility that the exercise of power may become arbitrary when regulating radical dissent. The thesis shows that beyond its immediate focus, the Act speaks to an older narrative, one that continues to preoccupy us and that concerns the relationship between
law and power. This narrative reflects a way of thinking and arguing about
law as a system of transmitted ideals, values, beliefs, and (institutional) principles that aim to restrain arbitrary power; and which we now understand as
rule of
law, or as the thesis identifies it, the
rule of
law tradition. While elements of this research may have a contemporary resonance, its primary aim is not to draw parallels between regulating dissent today and the events of 1848. Nor is it to arrive at definitive conclusions on the broader nature of the tension between parliamentary sovereignty and the
rule of
law. Much like Thompson's conclusions on the Black Act, this episode in constitutionalism cannot carry any universal significance. Nevertheless, the Act and the case of Ireland suggest that when it comes to regulating radical dissent, it is important to acknowledge the role genealogy can play in helping us to reflect critically on how we understand the relationship between
law and power. They also show that what the
rule of
law can achieve depends, in significant part, on context rather than just the characteristics of the
law itself. Together, context and genealogy help us in defining the culture of legality we aspire to, and more importantly the outcomes we seek to achieve when we invoke the
rule of
law.
Advisors/Committee Members: Krygier, Martin, Law, Faculty of Law, UNSW, Davis, Fergal, Law, Faculty of Law, UNSW.
Subjects/Keywords: Treason Law; Rule of Law Tradition; Regulation of Radical Dissent; Aribitrary Power; Sovereignty
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Cacciaguidi-Fahy, S. (2015). Regulating Radical Political Dissent: Reflections on the Case of Ireland and the Treason Felony Act 1848. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/55149 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:36619/SOURCE02?view=true
Chicago Manual of Style (16th Edition):
Cacciaguidi-Fahy, Sophie. “Regulating Radical Political Dissent: Reflections on the Case of Ireland and the Treason Felony Act 1848.” 2015. Doctoral Dissertation, University of New South Wales. Accessed September 23, 2019.
http://handle.unsw.edu.au/1959.4/55149 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:36619/SOURCE02?view=true.
MLA Handbook (7th Edition):
Cacciaguidi-Fahy, Sophie. “Regulating Radical Political Dissent: Reflections on the Case of Ireland and the Treason Felony Act 1848.” 2015. Web. 23 Sep 2019.
Vancouver:
Cacciaguidi-Fahy S. Regulating Radical Political Dissent: Reflections on the Case of Ireland and the Treason Felony Act 1848. [Internet] [Doctoral dissertation]. University of New South Wales; 2015. [cited 2019 Sep 23].
Available from: http://handle.unsw.edu.au/1959.4/55149 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:36619/SOURCE02?view=true.
Council of Science Editors:
Cacciaguidi-Fahy S. Regulating Radical Political Dissent: Reflections on the Case of Ireland and the Treason Felony Act 1848. [Doctoral Dissertation]. University of New South Wales; 2015. Available from: http://handle.unsw.edu.au/1959.4/55149 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:36619/SOURCE02?view=true
Universidade do Estado do Rio de Janeiro
26.
André Luiz Agostinho da Silveira Reis.
Teoria normativa da democracia.
Degree: Master, 2009, Universidade do Estado do Rio de Janeiro
URL: http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2003
;
► Estudo sobre os direitos materiais constitutivos da democracia enquanto norma constitucional. Partimos de uma análise das origens históricas do constitucionalismo moderno, onde traçamos a aproximação…
(more)
▼ Estudo sobre os direitos materiais constitutivos da democracia enquanto norma constitucional. Partimos de uma análise das origens históricas do constitucionalismo moderno, onde traçamos a aproximação entre o movimento teórico que embasou o constitucionalismo e o princípio democrático. A soberania é objeto de estudo a partir de suas origens, demonstrando a influência de sua formação teórica absolutista nas posteriores concepções de soberania do povo, correntemente associadas à democracia. A democracia é objeto de estudo específico na terceira parte, especialmente a idéia de democracia direta como essência da democracia, o princípio representativo, a democracia como forma de governo, democracia e república, igualdade democrática formal e substancial, bem como sua relação com o Estado social e o Estado de Direito. Desta relação surge a democracia como norma constitucional dotada de um conteúdo jurídico-material, cogente, que lhe é constitutivo, e que legitima democraticamente a atuação contramajoritária do Judiciário
Study on the rights of the constituent materials democracy as a constitutional rule. We start from an analysis of the historical origins of modern constitutionalism, where do we draw the connection between the theoretical movement that based constitutionalism and democratic principle. Sovereignty is an object of study from its origins, demonstrating the influence of his theoretical training in new concepts of absolute sovereignty of the people, commonly associated with democracy. Democracy is the object of special study in the third part, especially the idea of direct democracy as the essence of democracy, the principle of representative democracy as a form of government, democracy and republic, democratic equality, formal and substantial, and their relation with the State social and rule of law. This relationship appears to democracy as a constitutional rule endowed with a legal content-material, cogent, it is constitutive, and that democratically legitimized the role of the judiciary.
Advisors/Committee Members: Mauricio Jorge Pereira Mota, Cláudio Pereira de Souza Neto, Alexandre Santos de Aragão.
Subjects/Keywords: Direito constitucional; Democracia; Constitucionalismo; Democracy; Rule of law; Legality; DIREITO PUBLICO
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Reis, A. L. A. d. S. (2009). Teoria normativa da democracia. (Masters Thesis). Universidade do Estado do Rio de Janeiro. Retrieved from http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2003 ;
Chicago Manual of Style (16th Edition):
Reis, André Luiz Agostinho da Silveira. “Teoria normativa da democracia.” 2009. Masters Thesis, Universidade do Estado do Rio de Janeiro. Accessed September 23, 2019.
http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2003 ;.
MLA Handbook (7th Edition):
Reis, André Luiz Agostinho da Silveira. “Teoria normativa da democracia.” 2009. Web. 23 Sep 2019.
Vancouver:
Reis ALAdS. Teoria normativa da democracia. [Internet] [Masters thesis]. Universidade do Estado do Rio de Janeiro; 2009. [cited 2019 Sep 23].
Available from: http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2003 ;.
Council of Science Editors:
Reis ALAdS. Teoria normativa da democracia. [Masters Thesis]. Universidade do Estado do Rio de Janeiro; 2009. Available from: http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2003 ;
Univerzitet u Beogradu
27.
Miljić, Dražen S. 1985-.
Управни уговор и области његове примјене.
Degree: Pravni fakultet, 2016, Univerzitet u Beogradu
URL: https://fedorabg.bg.ac.rs/fedora/get/o:13079/bdef:Content/get
► Društvene nauke / Upravno pravne nauke Social sciences / administrative law sciences
Управни уговор представља савремени облик управног дјеловања којим се задовољавају потребе од јавног…
(more)
▼ Društvene nauke / Upravno pravne nauke Social
sciences / administrative law sciences
Управни уговор представља савремени облик управног
дјеловања којим се задовољавају потребе од јавног интереса. У
упоредном праву ужива репутацију института који рјешава савремене
управне проблеме који се, између осталог, огледају у недостатку
новчаних, кадровских и стручних ресурса за обављање текућих
задатака. Управни уговор представља институт који се одликује
посебним правним режимом који се не може срести код било које друге
врсте уговорних односа. Јавна управа као уговорна страна располаже
низом овлашћења која јој дају правно повољнији положај у циљу
остварења вриједности које су дефинисане кроз уговорне норме. Ипак,
његова улога ни данас није прецизно одређена у упоредном праву. У
свом профилисању овај институт се суочавао са многим оспоравањима
која до данас нису занемарена. Због тога се у раду посебна пажња
посвећује његовом мјесту и улози у систему правних аката. Настоје
се пронаћи заједнички елементи са уговорима приватног права и са
другим инструментима управног поступања али и оно што га чини
посебним правним институтом. У том смислу, настоји се доказати да
је он акт који повезује јавно и приватно право. У упоредном праву
не постоји сагласност око конститутивних елемената овог правног
института. Свака земља је управни уговор прилагођавала својим
потребама што је за посљедицу имало да се значајно удаљи од свог
изворног концепта. Посебна пажња приликом приказивања рјешења у
упоредном праву се поклања француском, њемачком и праву Европске
уније као сету норми који у великом обиму уједначава правне системе
у земљама Европске уније као и будућим чланицама. Управни уговор се
испољава кроз различите облике. У раду су посебно обрађене поједине
врсте управних уговора у циљу приказивања положаја и улоге управе
као уговорне стране. Јавне службе су поље његовог дјеловања преко
којег се остварује политика владајуће већине.
Advisors/Committee Members: Lilić, Stevan, 1948-.
Subjects/Keywords: administrative contract; public interest; contracting
authority; special powers; rule of law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Miljić, D. S. 1. (2016). Управни уговор и области његове примјене. (Thesis). Univerzitet u Beogradu. Retrieved from https://fedorabg.bg.ac.rs/fedora/get/o:13079/bdef:Content/get
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Miljić, Dražen S 1985-. “Управни уговор и области његове примјене.” 2016. Thesis, Univerzitet u Beogradu. Accessed September 23, 2019.
https://fedorabg.bg.ac.rs/fedora/get/o:13079/bdef:Content/get.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Miljić, Dražen S 1985-. “Управни уговор и области његове примјене.” 2016. Web. 23 Sep 2019.
Vancouver:
Miljić DS1. Управни уговор и области његове примјене. [Internet] [Thesis]. Univerzitet u Beogradu; 2016. [cited 2019 Sep 23].
Available from: https://fedorabg.bg.ac.rs/fedora/get/o:13079/bdef:Content/get.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Miljić DS1. Управни уговор и области његове примјене. [Thesis]. Univerzitet u Beogradu; 2016. Available from: https://fedorabg.bg.ac.rs/fedora/get/o:13079/bdef:Content/get
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Tasmania
28.
Farrall, Jeremy Matam.
Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions.
Degree: 2004, University of Tasmania
URL: https://eprints.utas.edu.au/19808/1/whole_FarrallJeremyMatam2005_thesis.pdf
► This thesis explores the relationship between United Nations sanctions and the rule of law. Its primary contention is that sanctions have been applied in such…
(more)
▼ This thesis explores the relationship between United Nations
sanctions and the rule of law. Its primary contention is that sanctions have
been applied in such a way that they have undermined the rule of law, thus
weakening the authority and legitimacy of the U.N. Security Council and the
U.N. sanctions system. As a consequence, States are less likely to comply
with their sanctions obligations to the extent necessary to ensure that
sanctions are effective. The challenge is therefore how to modify the Security
Council's sanctions practice so that sanctions command such respect and
inspire such confidence that States both desire and feel compelled to
implement sanctions fully and effectively.
The thesis proceeds in four Parts. Part I sets the stage for analysis,
introducing U.N. sanctions and proposing a basic accountability-based model
of the rule of law, according to which the central aim of the rule of law is to
prevent the abuse of power. Part II explores the origins of the Security
Council's sanctions powers, tracing the path leading to the enshrinement of
the Security Council's sanctions powers in the U.N. Charter and describing
the legal basis for the application of sanctions. Part III illustrates how the
Security Council has acted upon its sanctions powers in practice, charting the
manner in which the Council's sanctions-related decisions have shaped the
contours of the U.N. sanctions system. Part IV then operationalises the
theoretical framework for analysis developed in Part I, critically evaluating the
extent to which sanctions have strengthened the rule of law. It concludes that
the U.N. sanctions system exhibits shortcomings in respect of each of the key
elements of the rule of law and makes proposals for reforming the Security
Council's sanctions practice so that sanctions can strengthen, rather than
undermine, the rule of law.
Subjects/Keywords: United Nations; Rule of law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Farrall, J. M. (2004). Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions. (Thesis). University of Tasmania. Retrieved from https://eprints.utas.edu.au/19808/1/whole_FarrallJeremyMatam2005_thesis.pdf
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Farrall, Jeremy Matam. “Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions.” 2004. Thesis, University of Tasmania. Accessed September 23, 2019.
https://eprints.utas.edu.au/19808/1/whole_FarrallJeremyMatam2005_thesis.pdf.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Farrall, Jeremy Matam. “Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions.” 2004. Web. 23 Sep 2019.
Vancouver:
Farrall JM. Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions. [Internet] [Thesis]. University of Tasmania; 2004. [cited 2019 Sep 23].
Available from: https://eprints.utas.edu.au/19808/1/whole_FarrallJeremyMatam2005_thesis.pdf.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Farrall JM. Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions. [Thesis]. University of Tasmania; 2004. Available from: https://eprints.utas.edu.au/19808/1/whole_FarrallJeremyMatam2005_thesis.pdf
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of California – Riverside
29.
Nicolescu Waggonner, Cristina Ecaterina.
Rule of Law Establishment with Corruption; The New Democracy Model.
Degree: Political Science, 2012, University of California – Riverside
URL: http://www.escholarship.org/uc/item/0gh7d0zj
► What are the obstacles in the establishment of rule of law in democratizing countries? I argue that political corruption has a causal negative effect on…
(more)
▼ What are the obstacles in the establishment of rule of law in democratizing countries? I argue that political corruption has a causal negative effect on the establishment of rule of law. I find that political and judicial corruption makes the implementation and the enforcement of the laws practically impossible. This mixed methods dissertation consists of a two-case comparative study of two new democracies, Czech Republic and Romania, with different levels of corruption and rule of law, based on field work and interviews with over 50 elites; and several cross national tests in all new democracies around the world. This dissertation makes both a theoretical contribution to the study of establishment of rule of law, by hypothesizing the negative impact of corruption on this process, and an empirical contribution by thoroughly testing the hypothesis within cases and cross-nationally.
Subjects/Keywords: Political Science; International relations; Corruption; Democracy; Rule of law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Nicolescu Waggonner, C. E. (2012). Rule of Law Establishment with Corruption; The New Democracy Model. (Thesis). University of California – Riverside. Retrieved from http://www.escholarship.org/uc/item/0gh7d0zj
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Nicolescu Waggonner, Cristina Ecaterina. “Rule of Law Establishment with Corruption; The New Democracy Model.” 2012. Thesis, University of California – Riverside. Accessed September 23, 2019.
http://www.escholarship.org/uc/item/0gh7d0zj.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Nicolescu Waggonner, Cristina Ecaterina. “Rule of Law Establishment with Corruption; The New Democracy Model.” 2012. Web. 23 Sep 2019.
Vancouver:
Nicolescu Waggonner CE. Rule of Law Establishment with Corruption; The New Democracy Model. [Internet] [Thesis]. University of California – Riverside; 2012. [cited 2019 Sep 23].
Available from: http://www.escholarship.org/uc/item/0gh7d0zj.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Nicolescu Waggonner CE. Rule of Law Establishment with Corruption; The New Democracy Model. [Thesis]. University of California – Riverside; 2012. Available from: http://www.escholarship.org/uc/item/0gh7d0zj
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of California – Irvine
30.
Alexander, John Seth.
The Rule of Law and Foreign Direct Investment in the Developing World.
Degree: Political Science, 2014, University of California – Irvine
URL: http://www.escholarship.org/uc/item/8h38w1jx
► Foreign direct investment (FDI) is an increasingly important part of the world economy. Foreign investment is especially important in developing countries where it can make…
(more)
▼ Foreign direct investment (FDI) is an increasingly important part of the world economy. Foreign investment is especially important in developing countries where it can make up for a lack of domestic capital, increase tax receipts, improve employment, and hopefully lead to economic development. Given the potential importance of foreign direct investment it is important to understand why some countries receive more foreign investment than others. This dissertation examines the role a country's respect for the rule of law plays in its ability to attract FDI. Using regression analysis I find investors prefer countries that protect contract, property, and physical integrity rights. At the same time, countries with a weak rule of law are still able to attract FDI. Using the results of an original survey of U.S.-based CEOs, phone interviews, statistical analysis, and a case study of China, I argue investors use personal relationships with business partners and government connections to reduce the uncertainty created by a weak rule of law. Furthermore, investors prefer personal relationships more than formal rule-of-law substitutes like bilateral investment treaties and special economic zones.
Subjects/Keywords: Political Science; Foreign Direct Investment; Rule of Law
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Alexander, J. S. (2014). The Rule of Law and Foreign Direct Investment in the Developing World. (Thesis). University of California – Irvine. Retrieved from http://www.escholarship.org/uc/item/8h38w1jx
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Alexander, John Seth. “The Rule of Law and Foreign Direct Investment in the Developing World.” 2014. Thesis, University of California – Irvine. Accessed September 23, 2019.
http://www.escholarship.org/uc/item/8h38w1jx.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Alexander, John Seth. “The Rule of Law and Foreign Direct Investment in the Developing World.” 2014. Web. 23 Sep 2019.
Vancouver:
Alexander JS. The Rule of Law and Foreign Direct Investment in the Developing World. [Internet] [Thesis]. University of California – Irvine; 2014. [cited 2019 Sep 23].
Available from: http://www.escholarship.org/uc/item/8h38w1jx.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Alexander JS. The Rule of Law and Foreign Direct Investment in the Developing World. [Thesis]. University of California – Irvine; 2014. Available from: http://www.escholarship.org/uc/item/8h38w1jx
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
◁ [1] [2] [3] [4] [5] … [14] ▶
. 
Open Access Theses and Dissertations