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Dissertations / Theses on the topic 'Discretion'

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Published: 4 June 2021
Last updated: 12 June 2025

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1

Varhola, Jonathan C. "Discretion Without Choice: Sexual Offender Legislation and Judicial Discretion." Wright State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=wright1316445656.

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2

Allars, M. N. "Coordination and administrative discretion." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371505.

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3

Keeler, Rebecca L. "Managing Outsourced Administrative Discretion." Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etsu-works/832.

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An entire body of administrative law exists to guide the administrative discretion of public administrators. Although an increasing share of public services is being outsourced to the private sector, much of administrative law is not applicable to governments’ contracted agents. Alternatively, contracting agencies use the contract instrument to guide and constrain contractors’ exercise of delegated administrative discretion. This essay reports on a study of selected Florida local governments’ contracts for residential trash collection services. Although minimal discretion was placed in contractors’ hands, it still presented opportunities for abuse. The local governments used a variety of ways to manage the administrative discretion, including the imposition of public service ethics and transparency requirements. Upon analysis of contractual grants of and constraints upon administrative discretion, some suggestions are offered for enhancing contractual management of delegated administrative discretion.
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4

Ederhof, Merle. "Discretion in bonus plans /." May be available electronically:, 2007. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.

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5

Langum, Virginia Eileen. "Discretion in late medieval England." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609515.

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6

Griggs, E. "Justice, discretion and social policy." Thesis, University of York, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.356833.

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7

Yang, Kenny. "Prosecutorial discretion: A balancing act." Thesis, Yang, Kenny (2012) Prosecutorial discretion: A balancing act. Honours thesis, Murdoch University, 2012. https://researchrepository.murdoch.edu.au/id/eprint/14699/.

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The role of the prosecutor and the exercise of prosecutorial discretion can have an enormous impact on the outcome of criminal proceedings. The exercise of prosecutorial discretion is, however, often secretive and misunderstood. There have been concerns that a lack of accountability and transparency can result in a fertile bed for corruption. Australia has acknowledged this and taken steps to address the issue, but these measures have not come without their own costs. The concern is that these measures may, if anything, hamper the administration of justice and result in an inefficient criminal justice system. Indeed, these concerns have been noted by Singapore who has hesitant to replicate the Australian position for fear of the inefficiency in the criminal justice system that would inevitably occur. Accountability and transparency is thus weighed up against the efficient administration of justice. Both are necessary in a functioning criminal justice system, yet each comes at the expense of the other. This can be demonstrated by Professor Herbart Parker‘s ‗Two Models of Criminal Processes‘ – the Due Process and Crime Control models. How then does one balance the two competing interests? As this paper will argue, there is no perfect system and a careful examination of a community‘s cultural values and the objectives of criminal justice system will be necessary to find the appropriate equilibrium in the balancing act of prosecutorial discretion.
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8

Dajakaj, Natyra, and Judy Thai. "Discretion to Act : A case study of how the environment affects top managers' degree of discretion." Thesis, Högskolan Kristianstad, Sektionen för hälsa och samhälle, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-14488.

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The purpose of this dissertation is to analyze how managerial discretion is influenced by the environment and, thereby, increase the theoretical knowledge of the concept. Hambrick and Finkelstein (1987) introduced environment as a level affecting managerial discretion. However, the authors only discussed it in an industry context. Moreover, in this dissertation we developed the environmental level by adding two more contexts. Thereby, a theoretical input –and output model were created. These include three environmental sublevels: Industry characteristics, public sector and transition economy. The analysis is under a strategic perspective, which defines top managers’ discretion as the latitude of strategic actions. Hence, managerial discretion varies in the scope of available actions influenced by environmental factors. To fulfill the purpose of this dissertation, the methodical approach is a case-study. Thus, the data consists of interviews, observations and public documents collected in a governmental organization. The findings have shown that a dynamic environment, such as a country undergoing a transition, provides context-specific factors affecting the degree of managerial discretion. Context-specific factors, such as powerful outside forces and quasi-legal constraints can increase and/or decrease the degree of top managers’ degree of discretion. The conclusion summarizesthe findings of how the different factors within each sublevel, affect the degree of managerial discretion. Moreover, the conclusion also contains the contributions of this dissertation. Firstly, the study contributes to the theory of managerial discretion, by introducing context specific factors within the public sector and a transition economy. Secondly, the study enhances the empirical knowledge about the concept, by providing new empirical evidence of managerial discretion. Finally, the results of this dissertation can help policy makers as guidelines when implementing policies. Recommendations for future research include adding the governance perspective, and/or conducting a comparison research with different organizations/contexts.
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9

Sherry, Samuel Accounting Australian School of Business UNSW. "Tax-loss selling and managerial discretion." Publisher:University of New South Wales. Accounting, 2009. http://handle.unsw.edu.au/1959.4/43727.

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This thesis examines the relationship between tax-loss selling (TLS), where investors with taxable gains sell stocks that have declined in value just before the fiscal year-end to generate offsetting tax losses, and managers?? incentives to influence stock prices, either through increased disclosure or by engaging in upwards earnings management. Firms whose stock prices represent greater potential tax losses in investors?? portfolios at year-end are predicted to increase their disclosure level in June to prevent further share price falls due to TLS, and have higher levels of accruals. Using the number of discretionary, market-sensitive news releases in the Signal G announcement database to measure disclosure frequency, this thesis finds that, for a sample of 14,713 firm-year observations drawn from all ASX firms for the years 1994 to 2007, stocks with larger negative returns have higher disclosure in June, after controlling for size, performance, risk and external financing dependence. This is particularly true of small mining and exploration companies that are more reliant on voluntary disclosure as a vehicle for lowering information asymmetry. This increased disclosure does not appear to contribute to the higher July returns earned by stocks that experienced significant TLS in June. Disclosure frequency is negatively associated with the magnitude of operating and total accruals, suggesting that earnings management is less likely for firms with higher disclosure. There is also evidence that smaller firms with poor stock price performance have higher levels of operating accruals and thus may be more likely to engage in earnings management.
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10

Tata, Cyrus. "Understanding the uses of sentencing discretion." Thesis, University of Strathclyde, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.501790.

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The work submitted here conceives of sentencing as an interpretive social process. Although previous research has shown sentencing to be an individualistic judge-centred interpretive decision process (e.g. Hogarth 1971), the features which appear to structure the decision process have tended to be taken as given, fixed, discrete, universal forces (often :alled 'factors'). My argument is that what appear to be fixed, stable, structuring forces in fact operate in combination with and through the particular (e.g. the instant case; the contextual circumstances; local court culture etc) in shifting and unstable ways.
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11

Chan, Lok-wing, and 陳樂榮. "Police discretion: application of deadly force." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31978010.

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12

Godwin, Erik Kinji Gray Virginia. "Transaction costs, discretion, and policy control." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,1978.

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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2008.<br>Title from electronic title page (viewed Dec. 11, 2008). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science." Discipline: Political Science; Department/School: Political Science.
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Chan, Lok-wing. "Police discretion : application of deadly force /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18650016.

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14

Temperman, Elzemari. "The Judiciary’s Discretion in Sequestration Applications." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46007.

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15

Ruff, Kristen Michele. "Judicial Discretion on Drunk Driving in Ohio." Bowling Green State University / OhioLINK, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1199919199.

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16

Beyers, René. "Professional discretion of educators in preventing negligence." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75175.

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This research builds on and contributes to work in the field of educators' professional discretion and the prevention of negligence. Existing literature suggests that many educators are still unaware of how the law operates regarding policy requirements and their in loco parentis obligations. This is demonstrated by the number of litigations and how an educator's liability regarding negligence has grown. In South Africa, numerous authors have made contributions in relation to learner safety and educators' duty of care. An educator is tasked with duty of care and to use professional discretion appropriately. At the same time, educators should be mindful to minimise their exposure to lawsuits. However, not much appears to have been done in this country to establish how educators can maintain a respectable balance between professional discretion and policy requirements without being negligent. The purpose of this study was, thus primarily to explore ways in which educators can reconcile professional discretion and legal and policy requirements to prevent negligence. The study utilised a qualitative research approach underpinned by an interpretive paradigm. Data collection was done by the means of qualitative collection techniques, namely semi-structured interviews supported by an analysis of relevant court cases. Twenty participants from two primary and two secondary public schools in the Tshwane South school district in Gauteng participated in the study. Two of these schools were fee-paying schools and two non-fee-paying schools. Five participants from each school were identified and invited to participate in this study and consisted of the principal, a member of the school management team (deputy-principal or head of department) and three educators. Each of the participants had different legal obligations, discretions, responsibilities and accountabilities as far as negligence is concerned. The conceptual framework for this study, was based on Dworkin’s (1978:31) ‘doughnut’ metaphor for the concept of professional discretion. Based on an adapted version of Dworkin’s ‘doughnut’ metaphor, findings confirm that some educators feel restricted in their decision-making and limited in their professional discretion due to the legal and inflexible policy framework regulating their work. It came to the fore that the understanding and interpretation of certain school policies were dealt with differently by the participants due to their varied levels of experience, knowledge and training. The findings illuminated the fact that the participants did not fully grasp the vii concept of professional discretion. In making decisions and exercising judgement, these participants may not be comfortable in their knowledge experience or personal intuition. Educators’ capacity and ability to apply discretion is influenced by a number of external and internal factors. These factors restrict an educators’ autonomy space, which could ultimately lead to the inability to apply appropriate discretion. This could lead to a form of paralysis to uphold a high standard of care in dire situations and could lead to negligence. Therefore, in order to achieve a high standard of care and not be negligent, educators should not only have the ability to apply appropriate discretion, but also have the freedom to do so. Key terms: professional discretion; duty of care; in loco parentis; negligence; law of delict; standard of care; school safety policies.<br>Dissertation (MEd)--University of Pretoria, 2020.<br>DST-NRF Innovation Master’s Scholarship. UNIQUE GRANT NO: 117504<br>Education Management and Policy Studies<br>MEd<br>Unrestricted
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17

Bambaci, Juliana. "Presidential discretion in separation of powers systems /." May be available electronically:, 2007. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.

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18

Niven, Anthony Miles. "Organisational slack and industry level executive discretion." Thesis, Queensland University of Technology, 2008. https://eprints.qut.edu.au/18367/1/Anthony_Niven_Thesis.pdf.

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This thesis examines the associations between organisational slack, that pool of actual or potential cushion of resources of an organisation, and executive discretion - the executives’ latitude for strategic action. Bourgeois and Singh (1983), George (2005), Sharfman et al. (1988) and Sharma (2000) have referred to slack as having a discretionary dimension because its ‘ease of recovery’ varies depending on where it is gained from. For the obverse of this association, slack contributes to resource availability in the task environment and therefore executive discretion (Hambrick & Finkelstein, 1987). However until now, this bi-direction association has been largely unexplored empirically. This thesis contributes to both fields by bringing them together to examine and measure aspects of these interactions. These constructs are applied to the annual reports of U.S. firms by measuring industry level discretion using content analysis of presidents’ letters to shareholders and industry average slack using financial ratios. Correlations show that industries with higher levels of slack enjoy greater industry level discretion. However the associations between slack types and industry level discretion are not uniform suggesting that the discretionary dimension of slack is influenced by the task environment and industry context. The present study replicated Keegan and Kabanoff’s (2007) method to examine slack within industries but could not extend their results to available and recoverable slack, which suggest a curvilinear relationship between potential slack and executive discretion. The limited sub-industry results offer opportunity for further research as does the idea of applying the same research question to the organisational and individual level studies of different cohorts of firms and industries. Future efforts should also improve the measurement of the slack construct.
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19

Niven, Anthony Miles. "Organisational slack and industry level executive discretion." Queensland University of Technology, 2008. http://eprints.qut.edu.au/18367/.

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This thesis examines the associations between organisational slack, that pool of actual or potential cushion of resources of an organisation, and executive discretion - the executives’ latitude for strategic action. Bourgeois and Singh (1983), George (2005), Sharfman et al. (1988) and Sharma (2000) have referred to slack as having a discretionary dimension because its ‘ease of recovery’ varies depending on where it is gained from. For the obverse of this association, slack contributes to resource availability in the task environment and therefore executive discretion (Hambrick & Finkelstein, 1987). However until now, this bi-direction association has been largely unexplored empirically. This thesis contributes to both fields by bringing them together to examine and measure aspects of these interactions. These constructs are applied to the annual reports of U.S. firms by measuring industry level discretion using content analysis of presidents’ letters to shareholders and industry average slack using financial ratios. Correlations show that industries with higher levels of slack enjoy greater industry level discretion. However the associations between slack types and industry level discretion are not uniform suggesting that the discretionary dimension of slack is influenced by the task environment and industry context. The present study replicated Keegan and Kabanoff’s (2007) method to examine slack within industries but could not extend their results to available and recoverable slack, which suggest a curvilinear relationship between potential slack and executive discretion. The limited sub-industry results offer opportunity for further research as does the idea of applying the same research question to the organisational and individual level studies of different cohorts of firms and industries. Future efforts should also improve the measurement of the slack construct.
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20

Lai, Ying-sie Benedict. "Administrative discretion : the case of the licensing of automatic machine establishments /." Click to view the E-thesis via HKUTO, 1985. http://sunzi.lib.hku.hk/hkuto/record/B42128201.

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21

Chan, Wa-shing. "An assessment of the police superintendent's discretion scheme." Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B19709778.

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22

McManus, Peter. "Rules and discretion in family law : a study of the exercise of judicial discretion in the Family Court of Australia /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19151.pdf.

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23

Markless, Rhiannon Elizabeth. "Gender, crime and discretion in Yorkshire, 1735-1775." Thesis, University of Roehampton, 2013. https://pure.roehampton.ac.uk/portal/en/studentthesis/gender-crime-and-discretion-in-yorkshire-17351775(1587cbcb-3906-4b0c-b02a-db59e7f6d668).html.

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This thesis explores the gendered exercise of discretion at the various stages of the judicial process in the quarter session and assize courts of Yorkshire between 1735 and 1775. It examines the predicament of both sexes in relational terms at each stage of the judicial process. Part one involves an examination of judicial processes from pre-trial to sentencing, while part two focuses on how those processes operated with respect to the selected offences of homicide, non-fatal violence, theft and riot. This thesis augments knowledge in the historical argument regarding gender and crime for the period between those examined by Garthine Walker and Deirdre Palk and extends the coverage provided by Peter King. It is argued that contrasting experiences of the judicial process during the seventeenth century and those of the eighteenth and early nineteenth centuries are largely due to an increase in the number of statutory offences created between 1680 and 1820 under the ‘Bloody Code’, combined with the effects of the Transportation Act, 1718, which made transportation to America for seven years or more (rather than branding) the statutory punishment for those who successfully pleaded benefit of clergy and a range of common law felonies between 1718 and 1775. Inconsistencies identified by Palk, in the exercise of gendered discretion in the decision-making process, were also evident in the court records for Yorkshire during the eighteenth century. A recurring theme of this thesis is of greater leniency extended to women under threat of a capital sentence, alongside the more severe punishment of women when that threat was removed. The core argument of this thesis also relates to the core arguments of Lucia Zedner and Carolyn Conely for the Victorian period, when they too observed the gendered nature of judicial responses to crime.
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24

Caylor, Marcus Lamar. "How Do Firms Use Discretion in Deferred Revenue?" Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/accountancy_diss/4.

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I conduct an examination of the deferred revenue account. I provide descriptive evidence of deferred revenue both at an industry-level and a macro-level, and I examine whether managers use discretion in deferred revenue around earnings benchmarks. I develop a model to measure the normal change in short-term deferred revenue, and examine how the abnormal change varies across the pre-managed distribution of three common earnings benchmarks. My results show that managers delay recognition of revenue using deferred revenue when pre-managed earnings exceed benchmarks by a large margin, and accelerate the recognition of revenue using deferred revenue when premanaged earnings just miss or miss benchmarks by a large amount. I document the prevalence of accelerated revenue recognition, and show that meeting or just beating the annual consensus analyst forecast is where the most cases of suspected accelerated revenue recognition occur. The results are next strongest for the avoidance of earnings decrease benchmark and weakest for the avoidance of loss benchmark. I examine whether conventional abnormal accrual models reflect discretion in deferred revenue, and whether discretion in deferred revenue is associated with lower earnings quality. I show that deferred revenue changes are a leading indicator of future earnings. My results indicate that discretion in revenue can lower the predictability of sales regardless of whether it is of an aggressive or conservative nature.
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25

Chan, Wa-shing, and 陳華勝. "An assessment of the police superintendent's discretion scheme." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31965581.

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26

Wang, Huijuan. "To steal at discretion : stage adaptations of novels." Thesis, Royal Holloway, University of London, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243906.

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27

Tsoligkas, Fanis. "Essays on insider trading and financial reporting discretion." Thesis, University of Exeter, 2014. http://hdl.handle.net/10871/16966.

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This thesis presents three empirical studies investigating the capital market effects of the interplay between financial reporting discretion and insider trading. The empirical studies contribute to the emerging accounting literature which considers managers’ private signal conveyed by means of their trading on their own firm’s shares. The first study examines whether the disclosure of directors trading improves market efficiency and contributes to the long standing controversy in the literature with regards to the informational efficiency of insider trading. The findings indicate that insider trading assist market participants to assess the implications of current for future earnings during an earnings announcement and consequently lead to more efficient prices. However, the information in insider trading subsumes the information in financial reporting discretion in this setting. The second empirical chapter investigates the interplay between financial reporting discretion and insider trading focusing on the setting of acquisitions financed with equity whereby managers have incentives to manipulate earnings and the opportunity to conceal the consequences from doing so. In this particular setting, it is shown that a combination of financial reporting discretion aiming to inflate earnings and insider purchases denoting overconfident managers is associated with acquirers’ long term underperformance. The third empirical chapter employs a setting characterised by an exogenous constraint over financial reporting discretion over the capitalisation of R&D expenditures. It is shown that constraining financial reporting discretion comes at the expense of a loss of information about future earnings. Moreover, constraining financial reporting discretion reduces also the usefulness of the insider purchases disclosure as a means for assessing the motivation for capitalisation.
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28

Misangyi, Vilmos F. "A test of alternative theories of managerial discretion." [Gainesville, Fla.] : University of Florida, 2002. http://purl.fcla.edu/fcla/etd/UFE1000145.

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Thesis (Ph. D.)--University of Florida, 2002.<br>Title from title page of source document. Document formatted into pages; contains x, 135 p.; also contains graphics. Includes vita. Includes bibliographical references.
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29

Kearney, Michael J. (Michael Joseph). "Uncertainty and individual discretion in allocating research funds." Thesis, Massachusetts Institute of Technology, 2019. https://hdl.handle.net/1721.1/121833.

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Thesis: S.M. in Management Research, Massachusetts Institute of Technology, Sloan School of Management, 2019<br>Cataloged from PDF version of thesis.<br>Includes bibliographical references (pages 31-34).<br>There is a long-standing tradition in public research funding agencies of distributing funds via peer review, which aggregates evaluations of proposed research ideas from a group of external experts. Despite complaints that this process is biased against novel ideas, there is poor understanding of an alternative system that may overcome this bias: the use of individual discretion. Here, we conduct the first quantitative study of how individual discretion affects a research funding portfolio. Using internal project selection data from the Advanced Research Projects Agency-Energy (ARPA-E), we describe how a portfolio of projects selected by individual discretion differs from a portfolio of projects selected by traditional peer review. We show that ARPA-E program directors prefer to fund proposals with greater disagreement among experts, especially if at least one reviewer thinks highly of the proposal. This preference leads ARPA-E to fund more uncertain and creative research ideas, which supports the agency's mission of pursuing novel ideas for transformational energy technology.<br>by Michael Kearney.<br>S.M. in Management Research<br>S.M.inManagementResearch Massachusetts Institute of Technology, Sloan School of Management
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Kong, Yiu-Kai Bryan. "A review of the effectiveness of the extent of discretion exercised by police officer of Hong Kong Police Force in street level." Click to view the E-thesis via HKUTO, 2003. http://sunzi.lib.hku.hk/hkuto/record/B31967218.

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31

Morris, Mark Howard. "Presidential Pardon Power: Discretion, Disuse, and Mass Media Coverage." Oxford, Ohio : Miami University, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1089231931.

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32

Hall, Mary T. "Administrative discretion and youth violence in schools, an analysis." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape7/PQDD_0025/NQ51869.pdf.

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33

Malani, Neil K. "Do Political Contributions Purchase Regulatory Discretion in Mining Inspections?" Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/500.

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A vast literature acknowledges the corruptibility of regulators; however, empirical tests on the matter have been limited to two-agent models examining the rulemaking process and price regulation of natural monopolies. It remains an open question whether political contributions, by driving legislative pressure, can entice laxity from regulators in their application of the rules. To remedy this issue, I observe the highly-regulated coal mining industry for which there exists several points for inspector discretion. By comparing the outcomes with Congressional coal mining contribution levels, I am able to ascertain capture across several dimensions. Specifically, I find that contributions are associated with agency inspectors using their discretion to preempt violations requiring follow-up inspection, grant more inspections to waive safety requirements, conduct shorter inspections, and grant lower penalties. It is troubling that these findings occur at relatively low levels of contributions, suggesting a high level of corruptibility on the part of regulators.
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34

Lebo, Franklin Barr. "Between bureaucracy and democracy| Regulating administrative discretion in Japan." Thesis, Kent State University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3618878.

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<p> This study explores the link between democracy and bureaucracy using Japan as the critical case study. The research question is whether competition by multiple principals creates opportunities for bureaucratic drift. This project hypothesizes that policy settings including multiple principals (independent variable) are more likely to manifest bureaucratic drift (dependent variable). At the same time, policy settings excluding multiple principals (independent variable) are more likely to manifest less bureaucratic drift (dependent variable). Variation in agent discretion is the critical effect of the independent variable (i.e., number of principals) on the dependent variable (bureaucratic drift). </p><p> Evaluating the exercise of discretion of administrators is feasible if one's evidence is primarily from the administrators themselves. To test these hypotheses, therefore, this project adopts a research design based on a qualitative case study methodology. The case studies include four of Japan's ministries: the Ministry of Internal Affairs and Communications (MIC), the Ministry of Foreign Affairs (MOFA), the Ministry of Land, Industry, Transportation, and Tourism (MLITT), and the Ministry of Health, Labor, and Welfare (MHLW). Likewise, the role of the National Personnel Authority (NPA) in the administrative system is also evaluated. Research participants include both participants in the Mike Mansfield Fellowship Program along with NPA administrators.</p><p> This study contributes to the extant corpus of research in a number of salient respects. First, this project proposes a different dependent variable in that most studies are focused on administrative reform whereas the focus here is on bureaucratic drift. Second, this project discusses the important effect of bureaucratic discretion. Third, while relevant to the quality of the Japanese democracy in particular, these findings may be leveraged to a larger conversation about the relationship between bureaucracy and democracy in the Asian context and perhaps beyond. Finally, this project provides an explicit policy recommendation for contemporary Japanese politics proposing that greater authority be delegated to administrative agents, albeit supervised by a powerful intermediary, to minimize bureaucratic drift.</p>
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35

Osborne, P. J. "The control of the discretion to prosecute in Ireland." Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388172.

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36

Hayward, Andrew Peter. "Judicial discretion in ownership disputes over the family home." Thesis, Durham University, 2013. http://etheses.dur.ac.uk/8489/.

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The core focus of this thesis is on the exercise of judicial discretion in the resolution of ownership disputes over the family home. Drawing upon the academic scholarship on judicial discretion, this thesis evaluates how the exercise of discretion has been conceptualised and employed within this specific context. Focusing on both the exercise of judicial discretion in matrimonial property disputes prior to the House of Lords’ decision in Pettitt v Pettitt in 1969 and in the modern implied trust framework, it questions whether there is evidence of judges arrogating enhanced discretion to themselves and whether this is deployed in order to take account of ‘changing social and economic circumstances’ surrounding the ownership of family property. Having identified an increased visibility of discretion in modern family property cases, this thesis questions whether a greater use of discretion within the context of domestic property evidences a departure from traditional property law reasoning and represents a problematic development in the law requiring a return to orthodoxy. This thesis provides a more nuanced understanding as to the exercise of discretion within this context. The claim advanced by this thesis is that judges in this specific context have increased their use of discretion to enable greater sensitivity to the domestic context and, whilst this may appear a controversial move to some, it is a beneficial, principled and structured modification of the property law framework applicable in this area.
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37

Lebo, Franklin Barr. "Between Bureaucracy and Democracy: Regulating Administrative Discretion in Japan." Kent State University / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=kent1365802091.

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38

Atkins, Andrea N. "Discretion in Russian Librarianship: Pre-Soviet, Soviet, Post-Soviet." The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1343769040.

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39

FAMEGA, CHRISTINE NATALIE. "DISCRETION OR DIRECTION?: AN ANALYSIS OF PATROL OFFICER DOWNTIME." University of Cincinnati / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1057691086.

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40

Famega, Christine N. "Discretion or direction? an analysis of patrol officer downtime /." Cincinnati, Ohio : University of Cincinnati, 2003. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=ucin1057691086.

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41

Meyer-Sahling, Jan-Hinrik. "Governance by discretion : civil service reform in post-communist Hungary." Thesis, London School of Economics and Political Science (University of London), 2003. http://etheses.lse.ac.uk/2116/.

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This thesis analyses civil service reform and policy developments in Hungary since 1990 as an extreme case of the discrepancy between attempts to establish professional, de-politicised civil services and the persisting politicisation of personnel policy in post-communist central executives. At the theoretical level, it applies the insights of new institutionalist approaches to executive politics, in particular the body of so-called 'delegation studies' rooted in the new economics of organisations. The thesis develops four ideal types of personnel policy regimes that are distinguished on the basis of the concept of formal political discretion, which is defined as the extent to which the government of the day, or its ministers, has the possibility to exercise personnel policy authority and the extent to which the exercise of this authority is subject to specific procedural constraints. The thesis argues that a low degree of formal political discretion built into civil service legislation can enhance the informational role of ministerial bureaucracies in policy-making. However, governments do only have an incentive to establish or maintain a low degree of formal political discretion built into civil service legislation, if they have no problems of political trust towards the bureaucracy. The empirical analysis of civil service reform outcomes in Hungary reveals that three reforms since 1990 have led to the emergence of a personnel policy regime that allows governments to exercise a considerable degree of political discretion over personnel policy, in particular, the allocation of civil servants in managerial ranks. The analysis of civil service reform processes shows that the communist legacy of over-politicised personnel policy, the radical anti-communism of centre-right parties and four wholesale changes of government since 1990 have tended to reproduce severe problems of political trust in the relation between governments and the ministerial bureaucracy. The thesis shows that incoming governments have therefore continuously exercised political discretion over personnel policy, in particular, by recruiting (often politically affiliated) senior personnel from outside public administration. At the same time, successive governments have been unwilling to make a commitment to a de-politicised civil service system because of their distrust in the loyalty of bureaucrats associated with previous governments. Moreover, as the group of senior bureaucrats who seek a career in public administration has shrunk, the de-politicisation of the civil service has increasingly come to contradict the career interest of senior bureaucrats whose tenure is bound to that of the government and who commute between public administration, politics and the private sector. Setting Hungarian civil service reform and policy developments into a comparative post-communist perspective, the thesis concludes that the context of post-communist transformation tends to lock in a pattern of civil service governance characterised by high levels of political discretion.
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42

May, Donald. "CURRICULUM CONTROL AND TEACHERS' PERCEPTIONS OF PROFESSIONAL DISCRETION AND SATISFACTION." Doctoral diss., University of Central Florida, 2010. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/2116.

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The goal of this research was to investigate teachers' perceptions of professional discretion and satisfaction related to internal and external factors of curriculum control. Results of the study were intended to provide data to policy makers and school district administrators that could be used in the development and implementation of the curriculum reform process. Middle and high school teachers in a large central Florida school district completed the survey. The survey's six constructs were 1. Influence of Teacher Beliefs 2. Perceptions of Success and Satisfaction 3. Influence of Tests and Curriculum Guides 4. Teacher Control of Pedagogy 5. Leadership 6. Maintaining High Standards The research questions focused on determining the difference in perspectives due to years of teaching experience, level of teaching (middle or high school), and curriculum control category (high, medium, or low). The results revealed there was not significant disagreement among teacher perceptions based on years of teaching experience. However, results indicated significant differences in perceptions based on level of teaching and curriculum control category in regard to the six survey constructs. The construct of leadership revealed significant differences between both levels of teaching and curriculum control categories. Overall, the results indicated a significant relationship among curriculum control policies and effects on teachers' perceptions of professional discretion and satisfaction. The literature on curriculum reform efforts since the 1980s, specifically in the areas of curriculum standards, textbook adoption policies, testing policies and leadership practices, framed the study. The literature review focused on existing research issues within the six constructs and the research questions. The information gained from this study may be used to inform policies, improve teachers' working conditions, and promote teacher and leadership effectiveness. Recommendations for practice were addressed in terms of what policy makers, school district administrators, and individual classroom teachers can and should do to implement and support meaningful curriculum reform. The researcher emphasized that recognizing the professional expertise and knowing the perspective of teachers are key to the development and implementation of an effective curriculum reform process.<br>Ed.D.<br>Department of Educational Research, Technology and Leadership<br>Education<br>Education EdD
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43

Hadjiemmanuil, Christos. "Banking regulation and the Bank of England : discretion and remedies." Thesis, University College London (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.339232.

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44

Gamalerio, Matteo. "Rules, discretion and quality of government : evidence from Italian municipalities." Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/94382/.

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In recent years many countries have introduced fiscal rules with the purpose of reducing the incentives for local governments to accumulate public debt and run deficits. Despite wide adoption, there is not enough evidence about the consequences of fiscal rules for the quality of the political process. In this PhD dissertation, exploiting panel data on Italian municipalities and an institutional framework which mandates the application of fiscal rules only for municipalities above 5000 inhabitants, I study how fiscal rules affect the quality of the political process. In particular, in Chapter 1, using a Difference-in-Discontinuity (Diff-in-Disc) design, I study how fiscal rules affect the quality of the political class, and in particular the level of education of politicians. In Chapter 2, using Regression Discontinuity Design and Propensity-Score Matching, I study whether politicians characterized by different levels of education make different choices in terms of fiscal policies and whether they have different political career goals. Finally, in Chapter 3, I study how political parties can discipline politicians by affecting their career concerns. In particular, using Regression Discontinuity Design, I show that national parties can act as a substitute for fiscal rules in constraining politicians.
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Amade, Nylander Olof, and Alexander Gjersvold. "How managerial discretion impacts the organizational performance of municipal corporations." Thesis, Internationella Handelshögskolan, Jönköping University, IHH, Företagsekonomi, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-48599.

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46

Snyder, Kelsey L. "Political (In)Discretion: Hillary Clinton's Response to the Lewinsky Scandal." Miami University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=miami1430235052.

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47

Seri, Guillermina Sofia. "Policing and democracy the influence of narratives on police discretion /." [Gainesville, Fla.] : University of Florida, 2005. http://purl.fcla.edu/fcla/etd/UFE0010290.

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48

Chong, Wai-kei Simon. "The police cautioning diversion scheme : participant observation of post-caution visits in Hong Kong /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B21979546.

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Li, Li, and 李利. "Judicial discretion within adjudicative committee proceedings inChina: a bounded rationality analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B46967412.

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50

Rotondi, Zeno. "Current controversies in the literature on time inconsistency and monetary policy." Thesis, University of Southampton, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326574.

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