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1
Armas, Diéguez Silvana Lorena. "The Impediment for Public Procurement with the Linked Legal Entity." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/119166.
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This paper analyzes from a constitutional perspective, applying the test of proportionality about limiting rights, the impediment to hiring those associated corporations, through individuals, with those legal persons which has imposed a sanction temporary or permanent disqualification from government contracts. From this framework of study, the author finds that the interference on freedom of contract is disproportionate because it violates the principle of causality and strict liability, by attributing to a third party (legal person linked) consequences for the actions made to it by a different legal entity.El presente trabajo analiza desde una perspectiva constitucional, aplicando el test de proporcionalidad en la limitación de los derechos, el impedimento para la contratación de aquellas personas jurídicas vinculadas, a través personas naturales, con aquellas personas jurídicas a las cuales se las ha impuesto una sanción de inhabilitación temporal o definitiva para contratar con el Estado. A partir de dicho marco de estudio, la autora considera que la injerencia sobre la libertad de contratación es desproporcionada en razón a que vulnera el principio de causalidad y la responsabilidad objetiva, al atribuirle a un tercero (persona jurídica vinculada) las consecuencias por las acciones realizadas por una persona jurídica distinta a ella.
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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.
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This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.
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Mavedzenge, Justice Alfred. "An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing." Thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28353.
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The Constitution of Zimbabwe of 2013 does not expressly guarantee every person a right to have access to adequate housing. However, the Government of Zimbabwe has an international legal obligation to achieve the progressive realisation of the right to have access to adequate housing by everyone in the country. This obligation is derived from art 11 (1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Zimbabwe is a dualist state and therefore, this obligation is not directly or automatically enforceable as municipal law in Zimbabwe. It can be enforced in domestic courts only if it has been enacted into legislation or if it is entrenched as a constitutional obligation. The absence of a specific constitutional right, guaranteed for everyone to have access to adequate housing, thus raises the concern that the government may not be held accountable, in the domestic courts, to comply with its international legal obligation to ensure that everyone enjoys access to adequate housing. There is a national housing crisis in Zimbabwe that is characterised by an acute shortage of adequate housing, mass forced evictions and unfair discrimination in the allocation of housing facilities by government. There is therefore an existing need to compel government to comply with and fulfil its international legal obligations relating to the right of every person to have access to adequate housing. In the absence of an explicit constitutional guarantee of such a right, it is necessary to find alternative constitutional rights which citizens and individuals in Zimbabwe can rely on to compel Government to comply with and fulfil its international legal obligations that arise from art 11 (1) of the ICESCR. The Constitution of Zimbabwe expressly guarantees for everyone the following rights; the fundamental freedom from arbitrary evictions, the right to life, the right to equality and the children’s right to shelter. The scope of each of these rights can be interpreted broadly to include some of the duties that ordinarily arise from the right to have access to adequate housing. Therefore, these rights can be applied together to enforce the international legal duty of the state to ensure the progressive realisation of the right to have access to adequate housing by everyone in Zimbabwe.
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Becerra, Farfán María Hilda. "The Public Procurement Administrative Court in the Period 2012-2014." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/119043.
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This article shows the results of the Public Procurement Administrative Court’s performance from 2012 to 2014, mainly referred to opportunity and predictability on resolutions issuing process, supporting on statistics the evolution of the caseload as well as the time record of closing the procedures related to matters of Administrative Court’s jurisdiction which had a direct effect on the public procurement contracts’ efficiency.Additionally, we go through some Plenary Chamber Rulings, witch jointly with uniform interpretation criteria are the best mechanism to ensure equality in law application and thus institutional framework of Public Procurement Administrative Court.En el presente artículo, se muestran los resultados de la gestión del Tribunal de Contrataciones del Estado en los años 2012 a 2014, referidos, principalmente, a la oportunidad y predictibilidad en la emisión de resoluciones.Apoyada de algunos datos estadísticos, se muestra la evolución de la carga procesal del Tribunal de Contrataciones y los tiempos de atención de los procedimientos de competencia del Tribunal y que inciden, directamente, en la eficiencia de la compra pública. Asimismo, se revisan algunos de los Acuerdos de Sala Plena emitidos, que junto a criterios de interpretación uniforme, son el mejor mecanismo para garantizar la igualdad en la aplicaciónde la ley y por tanto, la institucionalidad del Tribunal de Contrataciones del Estado.
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Shi, Silu. "Les structures administratives territoriales de l'Etat en Chine." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D053.
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Dans l’image traditionnelle, la Chine est un État unitaire typiquement centralisé. Un tel concept, même à l’ère de Mao Zedong, n’est pas très précis, car à l’époque, la Chine a quand-même connu au moins trois cycles de déconcentration/centralisation. Alors, après la réforme d’«ouverture vers l’extérieur» par Deng Xiaoping, la Chine a établi des relations contrastées entre le central et le local. Deng Xiaoping a adopté une décentralisation des compétences par les mesures administratives et transfère les « intérêts » à l’échelon local, ce qui induit une grande latitude pour ce dernier, en particulier, en matière de développement de l’économie. Ainsi, une décentralisation non institutionnalisée a conduit l’échelon local à devenir de facto une entité administrative qui maîtrise les ressources et les compétences au nom de l’État, plutôt qu’obéissant aveuglément au central. Derrière ce changement, on voit l’émergence et la force motrice des intérêts locaux, avec une décentralisation approfondie, les gouvernements locaux ont reçu beaucoup plus de pouvoirs discrétionnaires, surtout pour ce qui concerne les affaires locales, et en même temps, à travers la maîtrise des ressources et des pouvoirs, les gouvernements locaux possèdent les «jetons» dans la négociation avec le gouvernement central, ayant pour objet et effet d’exprimer les intérêts locaux et d’influencer les décisions du central. Pour maintenir sa primauté, le gouvernement central a adopté une centralisation sélective pour faire face à cette décentralisation de facto afin d’arriver à un équilibre entre le central et le local. Cependant, une décentralisation non institutionnalisée, principalement à travers les négociations pour atteindre un équilibre entre les deux précédents, semble une approche qui n’est toujours pas stable, de telle sorte que la recherche d’une normativité des relations entre le central et le local est devenue un objectif à long termeIn the traditional image, China is a typically centralized unitary country, such a concept, even in the era of Mao Zedong, is not very precise, because at that time, China has even experienced at least three cycles of decentralisation/centralisation. So, through the reform and open by Deng Xiaoping, China has formed contrasting relations between central and local. Deng Xiaoping has adopted decentralization through administrative measures to decentralize the power and transfer “interests” to the local government, so that, the local government has a major initiative, in particular, in the development of the economy. Thus, the non-institutional decentralization leads the local government to become de facto an administrative entity which controls resources and power in the name of the central government. So the local government is not just obeying the central government like before. Behind this change is the emergence and the driving force of local interests. With a deep decentralization, the local governments have received much more discretionary power, especially in the local affairs and at the same time, through the control of resources and powers, the local governments have the “bargain chip” to negotiate with the central government, so that they could express local interests and influence the decisions of the central government. In order to maintain central authority, the central government has adopted a selective centralization for this de facto centralization, so as to achieve a balance between the central government and the local government. However, the non-institutional decentralization mainly through negotiation to achieve a balance between the two preceding ones, seems to be an approach that is still not stable, so that the search for a normativity of relations between central and local has become a long-term goal
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Astudillo, Meza Guillermo, and Montes Sandra Jiménez. "Compliance Programs as a Mechanism to Fight Corruption: Special Reference to Self-Regulation of Companies." Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/118648.
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This article analyzes the influence self-regulation has had in the recent years as a law instrument that helps monitor corporate organizations, as well as its consequences in the fight against public corruption through corporate compliance programs.El presente artículo analiza la influencia que en los últimos años ha tenido el fenómeno de la autorregulación para el derecho como mecanismo de supervisión de las organizaciones empresariales y sus implicancias en la lucha contra la corrupción pública a través de los programas de cumplimiento para las empresas.
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Yuksek, Murat. "Legal Framework Comparison Of Public Procurement Law With State Procurement Law." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/2/12605854/index.pdf.
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This thesis makes the comparison of legal frameworks of the two Procurement Laws, the New Public Procurement Law (4734) and the Ex-State Procurement Law (2886) respectively. As a result of this comparison, it is seen that a lot of provisions starting from tender notice time limits to the awarding of contracts, have been changed substantially by the introduction of Turkish Public Procurement Law. Besides this comparison, the related procurement directive on construction works in European Community, namely EEC 93/37 is analyzed through the topics pertinent to the New Public Procurement Law, from which it is observed that there are both similar and different application regarding tender process in this directive when compared with the provisions of Turkish Public Procurement Law on construction works. This thesis study also aims to put forward the conception of Turkish contractors about the New Public Procurement Law by means of a questionnaire containing 15 questions. From the results of questionnaire, it is seen that majority of the contracting companies have a positive attitude towards the New Public Procurement Law although some provisions of the Law do not meet the expectations
of the companies.
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DeMeola, Zachariah J. "The Corporate Person: How U.S Courts Transformed a Legal Phantom into a Powerful Citizen." W&M ScholarWorks, 2015. https://scholarworks.wm.edu/etd/1539626779.
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Huapaya, Tapia Ramón. "Concept and Legal Regime of Public Service in the Peruvian Public Law." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122803.
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The author proposes a review of the different experiences relating to public services of economic content, both nationally and internationally, and then he analyze its concept and legal framework in national law. to this end, he reviews therecent literature on the subject, the constitutional basis and the relevant case law in order to offer his concept of Guarantor state , linked to the role and concept of public service in the peruvian legal system.El autor propone una revisión de las diferentes experiencias relativas a los servicios públicos de contenido económico, tanto a nivel nacional como internacional, paraluego analizar su concepto y régimen jurídico en el ordenamiento nacional. Para ello, pasa revista a la literatura más reciente sobre la materia, las bases constitucionales y la jurisprudencia más relevante, para así ofrecer su concepto de estado/Administración garante, vinculado al rol y concepto del servicio público en elordenamiento jurídico peruano.
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Gammed, Salem Abd-Arrahman. "The legal aspects of Libyan public international joint ventures." Thesis, University of Strathclyde, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.301437.
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Rosenälv, Sandra. "Responsibility to protect : a legal principle in international law?" Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142938.
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Zollars, Mary Catherine. "Texas Public School District Legal Costs and Preventive Law Practices." Thesis, North Texas State University, 1986. https://digital.library.unt.edu/ark:/67531/metadc331664/.
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The purpose of this study was to compare the legal costs of Texas public school districts during the school years 1980-81, 1981-82, and 1982-83 with the preventive law practices utilized by those districts. A survey was made of Texas superintendents' knowledge of school law. The data were contrasted with legal costs and the preventive law practices of the district. Two survey instruments were developed, and the case study approach was utilized. A survey was sent to the 1,101 Texas public school superintendents. The twenty-five item instrument was designed to solicit information regarding the amount of money spent by districts and the types of preventive law practices that school districts use to reduce legal costs. A legal awareness questionnaire was developed and administered to 72 of the 542 superintendents who responded to the first survey instrument. Three school districts were selected to be case study sites. The data from the instruments were analyzed to determine if a relationship existed between a district's legal costs and its preventive law practices, a district's legal costs and the superintendent's knowledge of school law, and a superintendent's knowledge of school law and the district's preventive law practices. The major conclusions of the study were as follows: (1) The larger the school district, the more money the district spends on legal costs. (2) Districts that incorporate preventive law activities do not necessarily have lower legal costs. (3) The differences in legal costs of a district and the types of preventive law activities utilized by the district are generally associated with district size, rather than with the absence of presence of the specific preventive law activity. (4) The legal knowledge possessed by the superintendent does not have an impact on the legal costs of the district. (5) The superintendent's knowledge of school law does not affect the number of preventive law activities used in the district.
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Kindel, Marcelo. "A constitucionalização do direito privado e os seus reflexos na propriedade imobiliária rural à luz da principiologia constitucional." Universidade do Vale do Rio dos Sinos, 2014. http://www.repositorio.jesuita.org.br/handle/UNISINOS/4447.
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Com o desfecho do período submetido ao Direito Natural e o consequente surgimento do modelo de conformação estatal, aparecem com ele a segmentação entre o público e o privado e entre nacionais e estrangeiros. Sendo o território questão de interesse nacional, toca a cada Estado soberano decidir sobre como tratar a aquisição de imóveis por estrangeiros. Embora seja relevante uma análise comparativa sobre a condução do tema em outros países, a temática será desenvolvida sob a perspectiva do Direito brasileiro. Trata-se de tema que, de forma inerente, envolve Direito Privado e Direito Público. Afinal, a propriedade encontra respaldo tanto na Constituição Federal quanto no Código Civil, o que demanda uma análise da Constitucionalização do Direito (Privado), logo, do movimento dicotômico vislumbrado entre estas ramificações do Direito ao longo do tempo. Em uma sociedade transnacional de complexidade extrema, como a hoje experimentada, verificam-se significativas mudanças na concepção de ser humano, enquanto indivíduo, enquanto integrante da sociedade e enquanto partícipe da figura do Estado. Nesse cenário, aparece o específico e conturbado tratamento dado à pessoa jurídica brasileira equiparada a estrangeira, no tocante à imposição das restrições. A sua viabilidade passa pela inarredável leitura hermenêutica da influência da garantia fundamental da função social da propriedade, pautada no fundamento da dignidade da pessoa humana, na nova visão de propriedade inaugurada no século XXI. Ao pretender sejam impostas às pessoas jurídicas brasileiras as restrições típicas de aquisição de imóvel rural por estrangeiros, uma série de medidas precisam ser planejadas e implementadas.
With the outcome of the period referred to the Natural Law and the consequent emergence of the state conformation model, appear with him the segmentation between the public and private and between nationals and foreigners. Being the territory issue of national interest, touches every sovereign state to decide how to treat the acquisition of real estate by foreigners. Although relevant a comparative analysis on the driving theme in other countries, the theme will be developed from the perspective of Brazilian law. It is a topic that inherently involves private law and public law. After all, the property is supported by both the Federal Constitution and the Civil Code, which requires an analysis of the Constitutionalization of (Private) Law, so thus dichotomous glimpsed movement between these branches of the law over time. In a transnational society of extreme complexity, as experienced today, are reported to be significant changes in the conception of human being as an individual, as a member of society and as a participant in the figure of the State. In this scenario, appears the particular and troubled treatment given to Brazilian entity treated as foreign, concerning the imposition of restrictions. Its viability passes by the unmoved hermeneutic reading of the influence of the fundamental guarantee of the social function of property, based on the grounding of the dignity of the human person, in the new view of property opened in the XXI century. When you want the typical restrictions acquisition of rural property by foreigners are imposed on the Brazilian legal entities, a number of measures need to be planned and implemented.
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Reitz, Janina. "A legal perspective on sustainability tools : Sustainability criteria in public procurement." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-177552.
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Bell, Jessica. "The legal structure of UK Biobank : private law for public goods?" Thesis, University of Sheffield, 2016. http://etheses.whiterose.ac.uk/13594/.
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Population biobanks hold promise for improving the health of future generations by providing researchers with a resource of both human samples and data to investigate the linkages between genes, lifestyle and environment in population health. Widespread concern has been expressed in academic and policy literature as to the ongoing ethical, legal and social challenges that are raised by population biobanks, by virtue of their longitudinal nature and broadly set research aims. To address these challenges, and to balance private interests of the individuals who donate to biobanks, with the public benefit that is believed to derive from the establishment of biobanks, some countries have specifically legislated to establish national biobanks. Alternatively, UK Biobank has been incorporated as a charitable corporation. Potentially, this private legal structure diminishes the public accountability of the project, as well as the protection of donors from personal harm. This thesis analyses the multi-layered nexus of laws within which UK Biobank is embedded and shows the tensions that are associated with using a private legal structure to secure public objectives. UK Biobank is in unchartered legal territory on a number of levels, and this thesis posits UK Biobank as a timely example of a large-scale organisation whose model straddles the public/private divide in law and invites an eclectic mix of corporate, public, charity, contract and tort lawyers into a conversation with ethicists, scientists, policy experts and the public to consider how to effectively progress population health via biobanking. As such, the experience of UK Biobank raises questions as to how best to balance public and private interests in large-scale, public mission organisations in general.
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Popple, James David, and james@popple net. "SHYSTER: A Pragmatic Legal Expert System." The Australian National University. Faculty of Engineering and Information Technology, 1993. http://thesis.anu.edu.au./public/adt-ANU20020609.233848.
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Most legal expert systems attempt to implement complex models of legal reasoning. Yet the utility of a legal expert system lies not in the extent to which it simulates a lawyer's approach to a legal problem, but in the quality of its predictions and of its arguments. A complex model of legal reasoning is not necessary: a successful legal expert system can be based upon a simplified model of legal reasoning. ¶
Some researchers have based their systems upon a jurisprudential approach to the law, yet lawyers are patently able to operate without any jurisprudential insight. A useful legal expert system should be capable of producing advice similar to that which one might get from a lawyer, so it should operate at the same pragmatic level of abstraction as does a lawyer - not at the more philosophical level of jurisprudence. ¶
A legal expert system called SHYSTER has been developed to demonstrate that a useful legal expert system can be based upon a pragmatic approach to the law. SHYSTER has a simple representation structure which simplifies the problem of knowledge acquisition. Yet this structure is complex enough for SHYSTER to produce useful advice. ¶
SHYSTER is a case-based legal expert system (although it has been designed so that it can be linked with a rule-based system to form a hybrid legal expert system). Its advice is based upon an examination of, and an argument about, the similarities and differences between cases. SHYSTER attempts to model the way in which lawyers argue with cases, but it does not attempt to model the way in which lawyers decide which cases to use in those arguments. Instead, it employs statistical techniques to quantify the similarity between cases. It decides which cases to use in argument, and what prediction it will make, on the basis of that similarity measure. ¶
SHYSTER is of a general design: it provides advice in areas of case law that have been specified by a legal expert using a specification language. Four different, and disparate, areas of law have been specified for SHYSTER, and its operation has been tested in each of those legal domains. ¶
Testing of SHYSTER in these four domains indicates that it is exceptionally good at predicting results, and fairly good at choosing cases with which to construct its arguments. SHYSTER demonstrates the viability of a pragmatic approach to legal expert system design.
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李敏. "A case study on legal transplant : public participation in Chinese environmental governace." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120153.
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Salewi, Diana Henry. "The killing of persons with albinism in Tanzania : a social-legal inquiry." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18645.
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Albinism is an inherited condition affecting at least 1 in 4000 people in Africa. It is thought to be more common among black Africans although it affects the entire human populations. In most African societies, albinism is regarded to be a disability and the social attitudes against albinos are characterised by lack of understanding, fear, and also of prejudice based on the appearance of albinism. There are various myths surrounding albinos such as that they are born as a punishment, that it is a curse to give birth to albinos and that albinos are immortal and that they are in fact spirits. This causes them to be seen as outcasts in society. Albinism is an inherited, congenital condition resulting in reduced synthesis of melanin pigment in the hair, skin and eyes. It leads to a host of lifelong physical health problems, in particular visual impairment and ultraviolet induced skin damage. In Africa such problems are exacerbated by exposure to harsh sunlight and reduced access to adequate health care, especially in rural areas.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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Lindmark, Petra. "Vilka rekvisit ska vara uppfyllda för att en fysisk person ska erhålla skuldsanering." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-1436.
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Oyakhire, Suzzie Onyeka. "Developing a legal and institutional framework for witness protection in Nigeria: reflections from international perspectives." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32319.
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'Witness protection' has been introduced in the criminal justice systems of several states worldwide as a recognised tool for facilitating the cooperation of witnesses and ensuring that concerns about their safety are not ignored. Although not a new phenomenon, witness protection praxis continues to evolve and remains largely undeveloped in many states. In Nigeria, the relevance of witness protection as a critical aspect of criminal justice administration is increasingly becoming evident. As an area of enquiry, scholarly literature on witness protection is descriptive, locally focused, and lacking in conceptual clarification. Recent developments in Nigeria highlight the need for the clarification of legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, this thesis illustrates the obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. The thesis explores the concept of witness protection, which is still at an early developmental stage in Nigeria. In the absence of a clear legal jurisprudence, the thesis pieces together the practice of witness protection in Nigeria and embarks on a conceptual and legal clarification of issues important to developing a witness protection framework. To achieve this, the thesis draws from international debates, legal developments and institutional practices from other jurisdictions as a basis for improving Nigerian efforts in witness protection and for making normative proposals to that effect. The thesis utilises two distinct perspectives: the criminal justice and the human rights perspectives as heuristic tools for analysing the concept of witness protection and to separate the disparate influences that shape how it is construed. A combination of desktop research by way of doctrinal research and empirical research was adopted. In pursuit of a more detailed understanding of contemporary developments relating to witness protection in Nigeria, field research was undertaken. This comprised qualitative research using semi-structured interviews of a specifically selected sample of criminal justice experts and practitioners with knowledge about witness protection in Nigeria. The semi-structured interviews justify the assumptions that there is a need to examine and clarify the scope of witness protection and what it depicts. The thesis finds that the concept and practice of witness protection evolved within specific parameters and its definitions are determined within these limits. It advances the existing witness protection conversations by offering an analytical basis for discussing witness protection and proposes organising principles for delineating the scope of witness protection. The clarifications made in the analysis within this thesis are utilised in making normative proposals and policy recommendations for developing a legal framework for witness protection in Nigeria. The thesis recommends a formal witness protection framework, through the enactment of comprehensive witness protection legislation that clearly defines the objectives of witness protection, the scope of beneficiaries, the scope of crimes necessitating protection, the type of protective measures and guidelines for assigning these measures, clear eligibility criteria and which establishes an independent witness protection agency to administer witness protection in Nigeria.
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Mushi, Shirley Baldwin. "Transparency and accountability in the legal framework governing the upstream hydrocarbon industry in Tanzania mainland." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32852.
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It is widely believed that the slow socio-economic development of resource rich countries may be curbed by the promotion of transparency and accountability in resource governance. There is a universal consensus among politicians, multilateral institutions, corporations, and civil societies that the ‘paradox of plenty' and its associated social ills of corruption, poverty and conflict are mainly due to the lack of transparent and accountable resource governance. Nations have thus adopted policies and legal frameworks on resource governance that seek to codify and implement the principles of transparency and accountability. Even so, transparency and accountability are still far from being realised in most developing nations. This thesis argues that transparency and accountability may only be realised in practice if their aspects are duly incorporated in the law. Using the conceptual foundations on the governance principles of transparency and accountability, the thesis identifies four components that a legal framework ought to incorporate to foster transparency and accountability in practice. First, there has to be clear provisions establishing accountability relationships in the legal framework. Questions on who the actors are, who is to be called to account, who is entitled to hold another to account, and for what could one be held accountable have to be made very clear in the law. Even within the framework of multiple accountability mechanisms clarity of the circumstance the various mechanisms function is key. Equally, transparency relationships have to be clear on the kind and nature of the information to be disclosed, to whom it may be disclosed, at what time and in which manner such information may be disclosed. Second, the legal framework must provide for suitable accountability implementation mechanisms that give the accountor the required independence and mandate to inquire, render judgment and have the capacity to put its decisions to effect. Third, the legal framework ought to be able to create a well-coordinated web of accountability structures to provide for checks and balances. The legal framework should be able to ensure that actors given authority to fulfil their obligations are able to answer and face vigorous scrutiny and verification processes by independent actors. Lastly, the legal framework has to facilitate access to clear, reliable and complete information by interested parties and the public to promote transparency. The thesis uses these components to conduct an appraisal of the legal and institutional framework governing hydrocarbons in Tanzania. It establishes whether the governance aspects of transparency and accountability are duly incorporated in the legal framework to ensure their implementation in practice. It concludes that Tanzania's legal framework on hydrocarbons recognises on paper the value of transparency and accountability, but it largely fails to incorporate them sufficiently in a way that ensures they are fully implemented.
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Steiner, Hrafn. "Cyber operations, legal rules and state practice : authority and control in international humanitarian law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142944.
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Roppo, Vincenzo. "The Private Law in the Legal System." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122761.
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In this article, the author introduces the main features and fundamentals of Private Law. Then, he makes a brief tour of the areas covered by private law within the system. Finally, through a comparison between the operation of private law and public law, the different logic to which each responds is emphasized.En el presente artículo, el autor realiza una introducción a las principales características y fundamentos del Derecho Privado. Luego, hace un breve recorrido sobre las áreas que abarca el derecho privado dentro del ordenamiento. Finalmente, a través de una comparación entre el funcionamiento del derecho privado y del derecho público, se enfatiza la lógica distinta a la que cada uno responde.
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Wu, Si Chen. "Research on legal issues of VIE model." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525479.
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Anthony, Allison Megan. "The legal regulation of construction procurement in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80299.
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Thesis (LLM)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: In order for the government to function, it needs goods and services. It may acquire these goods and services by using its own resources, or by contracting with outside bodies. The latter method is generally referred to as public or government procurement. Government procurement usually contributes a large deal to a country’s economy and is therefore of great importance. With South Africa’s political transformation in 1994, the construction industry was used as the model for public sector procurement reform. The industry regulates all infrastructure and constituted 3.8% of the country’s gross domestic product (GDP) in 2011 with the private sector as its biggest client. The legal regulation of construction procurement in South Africa is therefore significant. Section 217 of the Constitution¹ sets the standard for government procurement in South Africa. Section 217(1) provides that organs of state in the national, provincial or local sphere of government or any other institutions identified in national legislation when contracting for goods or services must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. Organs of state are not prevented from implementing procurement policies which provide for categories of preference in the allocation of contracts and the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination in terms of section 217(2). Section 217(3) in turn provides that national legislation must prescribe a framework in terms of which section 217(2) must be implemented. The rules for construction procurement in South Africa are found in the Construction Industry Development Board (CIDB) Act² and the Regulations to the Act.³ The Construction Industry Development Board has been established by the Act and is empowered to regulate construction procurement in terms of the Act and to publish best practice guidelines for further regulation and development of construction procurement. This thesis aims to answer the question as to whether the legal regulation of construction procurement complies with section 217 of the Constitution. Chapter one sets out the research question to be answered, the hypothesis on which the thesis is based and the methodology employed. Chapter two establishes the constitutional standard for government procurement in South Africa and is the standard against which the rules discussed in subsequent chapters are tested. Following this, the procurement procedures in terms of which supplies, construction works and services are procured are described and analysed in chapter three. It appears that the Regulations to the CIDB Act exclude contracts for supplies and services in the construction industry. Therefore, the qualification criteria for construction works contracts are examined in chapter four. Thereafter, the evaluation and award of construction works, supplies and services contracts are explained and analysed in chapter five. Government procurement may further be used for objectives not directly connected to the main goal which is the procurement of goods and services at the best possible price. It may also be used for the promotion of socio-economic objectives, for example. Therefore, in the sixth chapter, the use of government procurement as a policy tool in the South African construction industry is discussed and analysed. The concluding chapter collectively refers to what was discussed in the preceding chapters including the conclusions and attempts to answer the research question as to whether the legal regulation of construction procurement in South Africa complies with section 217 of the Constitution.
AFRIKAANSE OPSOMMING: Die staat het goedere en dienste nodig om te funksioneer. Dit kan hierdie goedere en dienste verkry deur die staat se eie bronne te gebruik, of dit kan instansies van buite kontrakteer. Daar word oor die algemeen na laasgenoemde metode verwys as staatsverkryging. Gewoonlik lewer staatsverkryging ‘n groot bydrae tot ’n land se ekonomie en dit is dus van groot belang. Met Suid-Afrika se politieke transformasie in 1994 is die konstruksiebedryf as die model voorgehou vir die hervorming van die staatsverkrygingstelsel. Die konstruksiebedryf reguleer alle infrastruktuur in die land en het in 2011 3.8% tot Suid- Afrika se Bruto Binnelandse Produk (BBP) bygedra, met die private sektor as die grootste kliënt in die bedryf. Dit is dus noodsaaklik dat staatsverkryging in die Suid-Afrikaanse konstruksiebedryf wetlik gereguleer word. Artikel 217 van die Grondwet4 stel die standaard vir staatsverkryging in Suid-Afrika. Artikel 217(1) bepaal dat staatsorgane in die nasionale, provinsiale of plaaslike regeringsvertakkings, of enige ander instelling in nasionale wetgewing vermeld, wat vir goedere of dienste kontrakteer, sodanige goedere of dienste moet verkry ooreenkomstig ’n stelsel wat regverdig, billik, deursigtig, mededingend en koste-effektief is. Staatsorgane word verder nie verhinder of belet om staatsbeleid te implementeer wat voorsiening maak vir die bevordering van sekere mense, of kategorieë mense, wat ingevolge artikel 217(2) deur onbillike diskriminasie benadeel is nie. Artikel 217(3) bepaal dat nasionale wetgewing ’n raamwerk moet voorskryf ingevolge waarvan artikel 217(2) geïmplementeer moet word. Die Wet op die Ontwikkelingsraad vir die Konstruksiebedryf (Construction Industry Development Board Act)5 en die Regulasies tot die Wet6 omskryf die regsreëls vir staatsverkryging in die Suid-Afrikaanse konstruksiebedryf. Die Ontwikkelingsraad vir die Konstruksiebedryf het ingevolge hierdie Wet tot stand gekom en is gemagtig om staatsverkryging in die konstruksiebedryf te reguleer. Dit mag ook goeie praktykriglyne publiseer vir verdere regulering en ontwikkeling van staatsverkryging in die konstruksiebedryf. Hierdie tesis het ten doel om die vraag te beantwoord of die wetlike regulering van staatsverkryging in die konstruksiebedryf aan artikel 217 van die Grondwet voldoen. Hoofstuk een gee ‘n uiteensetting van die navorsingsvraag wat beantwoord sal word, die hipotese waarop die tesis berus en die metodologie wat aangewend word. Hoofstuk twee omskryf die grontwetlike standaard vir staatsverkryging in Suid-Afrika en word as standaard gebruik waarteen die regsreëls vir staatsverkryging in die konstruksiebedryf in die daaropvolgende hoofstukke getoets word. Vervolgens word die verkrygingsprosedures ingevolge waarvan voorraad, konstruksiewerk en dienste verkry word, in hoofstuk drie bespreek en ontleed. Dit blyk dat die Regulasies tot die Wet op die Ontwikkelingsraad vir die Konstruksiebedryf (CIDB Act) kontrakte vir die verkryging van voorraad en dienste uitsluit. Gevolglik word die tendervereistes vir konstruksiewerk in hoofstuk vier bespreek. Vervolgens word die evaluering en toekenning van konstruksiewerk, voorraad- en dienskontrakte uiteengesit en ontleed in hoofstuk vyf. Dit blyk verder dat staatsverkryging gebruik mag word vir doelwitte wat nie direk verband hou met die primêre doel, naamlik die verkryging van goedere en dienste teen die beste prys, nie. Dit mag byvoorbeeld ook gebruik word vir die bevordering van sosio-ekonomiese doelwitte. Gevolglik word staatsverkryging as ’n beleidsinstrument in die Suid-Afrikaanse konstruksiebedryf in hoofstuk ses bespreek en ontleed. Die laaste hoofstuk gee ‘n opsomming van wat bespreek is in vorige hoofstukke, maak gevolgtrekkings en probeer die navorsingsvraag beantwoord of die regsreëls wat staatsverkryging in die konstruksiebedryf reguleer, voldoen aan artikel 217 van die Grondwet.
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Powell, Rhonda L. "Security and the right to security of person." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:26e81a46-54d5-44f5-a3cd-c74a5798ea0d.
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This thesis inquires into the meaning of the right to security of person. This right is found in many international, regional and domestic human rights instruments. However, academic discourse reveals disagreement about the meaning of the right. The thesis first considers case law from the European Convention on Human Rights, the South African Bill of Rights and the Canadian Charter. The analysis shows that courts too disagree about the meaning of the right to security of person. The thesis then takes a theoretical approach to understanding the meaning of the right. It is argued that the concept of ‘security’ establishes that the right imposes both positive and negative duties but that ‘security’ does not determine which interests are protected by the right. For this, we need consider the meaning of the ‘person’. The notion of personhood as understood in the ‘capabilities approach’ of Amartya Sen and Martha Nussbaum is then introduced. It is suggested that this theory could be used to identify the interests protected by the right. Next, the theoretical developments are applied to the legal context in order to illustrate the variety of interests the right to security of person would protect and the type of duties it would impose. As a result, it is argued that the idea of ‘security of person’ is too broad to form the subject matter of an individual legal right. This raises a question over the relationship between security of person and human rights law. It is proposed that instead of recognising an individual legal right to security of person, human rights law as a whole could be seen as a mechanism to secure the person, the capabilities approach determining what it takes to fulfil a right and thereby secure the person.
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McIvor, Méadhbh. "To fulfil the law : evangelism, legal activism, and public Christianity in contemporary England." Thesis, London School of Economics and Political Science (University of London), 2016. http://etheses.lse.ac.uk/3343/.
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This thesis contributes to the ethnographic corpus by charting the contested place of ‘public’ Christianity in contemporary England, which I explore through the rise of conservative Christian political activism and Christian interest litigation in the English courts. Based on twenty-two months of dual-sited fieldwork split between a Christian lobby group and a conservative evangelical church, it is unique in putting the experiences of religious activists at the legal coalface in direct conversation with (one subsection of) the conservative Christian community they appeal to for spiritual and financial support. I attend to the values, desires and goals of those seeking to live out their faith in a context they paint as hostile to its manifestation. I argue that, despite the apparently innovative legal forms through which these values and desires are articulated, the primary motivations of those involved are far from novel. Rather, they reflect historic and abiding concerns within evangelical Christianity: an abhorrence of sin; Christ’s offer of freedom from it; and the duty to tell others of this possibility. Equally longstanding, however, are tensions over how best to discharge these missionary obligations. Thus, this work is also an exploration of the evangelistic anxieties experienced by the members of one church community in their efforts to do so, and of their creativenavigation of the competing moral commitments around which their lives are structured. I argue that their theoretical value monism – in which the many goals they seek to achieve can be subsumed under the ideal of submission to God’s Word – takes on particular contours as it is challenged by the value pluralism dominant in twenty-first century London. While Christian activists view high-profile legal cases as vehicles through which to (re)evangelise the nation, I show that evangelicals on the ground are deeply ambivalent about the impact of this ‘legal theology’.
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Werling, Mark. "Knowledge of Indiana school law possessed by Indiana public secondary school teachers." Virtual Press, 1985. http://liblink.bsu.edu/uhtbin/catkey/458831.
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The purpose of the study was to assess the general knowledge of Indiana school law possessed by Indiana public secondary school teachers. The population consisted of three hundred and thirty randomly selected Indiana public secondary school teachers.A researcher developed assessment instrument comprised of thirty items from Indiana school law in the areas of teacher tenure, pupil control, and tort liability was utilized. One statistical hypothesis and six statistical subhypotheses were analyzed with a Z test. The five percent level of significance was established as the probability level for non-acceptance of the hypothesis and subhypotheses.Conclusions1. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of pupil control, and tort liability is likely between seven and fifteen.2. There is no significant difference in the level of knowledge of Indiana school law possessed by Indiana public Indiana school law in the combined areas of teacher tenure, secondary school teachers when grouped according to years of teaching experience, location of their teacher education training, and inclusion of instructional units on school law in their teacher education training.3. The percentage of Indiana public secondary teachers who possess a fair or better level of knowledge of Indiana school law in the area of teacher tenure is likely between four and twelve.4. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of pupil control is likely between twenty-two and thirty-four.5. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of tort liability is likely between seventeen and twenty-seven.
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Neckles, Leander. "The effectiveness of the race and disability public sector equality duties as positive legal duties and legal accountability tools." Thesis, Edge Hill University, 2015. http://repository.edgehill.ac.uk/6978/.
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The modern public sector equality duties (PSEDs) have been described as positive duties, ground-breaking and transformative. Described in these terms because the pseds partly addressed limitations in anti-discrimination laws by placing designated public bodies, and others exercising public functions, under a legal obligation to proactively consider various equality aims. The duties were introduced in England, Scotland and Wales between 2001 and 2011. This thesis investigates the Race Equality Duty, the Disability Equality Duty and related provisions in the Public Sector Equality Duty. It provides an interdisciplinary, socio-legal analysis of these pseds by investigating two interrelated research questions: 1) Have the race and disability equality duties been effective positive legal duties and legal public accountability tools? 2) Does Scheingold’s theory of the Politics of Rights add to our understanding of the constraints on the potential impact of positive legal duties in advancing equality? This study makes a unique contribution to the literature by analysing: the justiciability of the pseds and their effectiveness as legal tools to hold public bodies to account; the outcomes of substantive race and disability public sector equality duties (pseds) judicial review judgments; and the significance of the roles played by cause lawyers, community activism and legal empowerment in extending the race and disability pseds’ reach and impact. The unique contribution made to the literature is augmented by the inclusion in this thesis of a socio-political analysis of the impact on these pseds of major changes in the UK’s anti-discrimination framework, equality laws and developments in relation to immigration, community cohesion, integration and austerity over the last fifty years.
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Koki, Kouamé Hubert. "Les droits fondamentaux des personnes morales dans la convention européenne des droits de l'homme." Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00808648.
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La réflexion autour des droits fondamentaux des personnes morales n'est guère si nouvelle comme pourrions nous être tentés d'y croire ; elle interpelle toutefois par son caractère antithétique. La personne humaine apparaissant comme l'unique destinataire de ces droits, elle avait capté toutes les attentions doctrinales. L'intimité du lien entre l'Homme et le concept des droits de l'homme, d'où découlent les droits fondamentaux, justifiait aisément l'exclusion des personnes morales. L'idée d'inclusion des groupes et des organisations qui semblait impensable va in fine être admise, voire se rendre indispensable à la démocratie, chère au système européen de défense des droits de l'homme et cadre de notre étude. La personne morale joue indiscutablement sa partition à la réalisation de la société démocratique à travers notamment la presse ou le jeu des partis politiques. Elle contribue énormément à l'économie des États par l'action des sociétés commerciales ou autres entreprises, et même à l'épanouissement des individus par le biais des associations dont les missions sont diverses et variées. On ne saurait valablement refuser à un tel sujet de droit la protection de la Convention. D'ailleurs c'est avec la force de l'évidence que ces personnes morales ont pu bénéficier de diverses dispositions de cette dernière. Le groupement à but politique ou syndical ne pourrait paisiblement accomplir sa mission sans la couverture de l'article 11 de la convention consacrant la liberté d'association et de manifestation pacifique. Aussi l'entreprise dépourvue de l'exercice et de la jouissance du droit au respect des biens, tel que défini à l'article premier du Protocole additionnel n° 1, ne pourrait-elle prospérer dans un domaine où intervient régulièrement la puissance publique. La sauvegarde de ces droits, avec bien d'autres, est conséquemment vitale pour les personnes morales. Le décryptage des droits et libertés qui leur sont garantis par le texte européen appelle à observer méthodiquement les différents mouvements de la jurisprudence européenne. Pour ce faire, notre réflexion préfère à une approche dogmatique, s'appuyant sur le particularisme des personnes morales pour dégager leurs droits et libertés garantis, une méthode plutôt pragmatique. Cette approche se fonde uniquement sur la protection effective que le juge européen consent à l'organisation non gouvernementale aux prises à l'arbitraire des pouvoirs publics. Il convient d'analyser chacun de ces droits et libertés garantis, et d'en dégager un relief d'avec la nature et l'activité de la personne morale. L'interprétation prétorienne du texte et des notions, telles que la personne ou le domicile, se présente délibérément extensive, dans le but assumé de permettre aux groupements de prendre part aux bénéfices de la Convention. L'accès à la juridiction européenne est par ailleurs largement ouvert aux groupements : tout pour faire en effet de la personne morale un sujet à part entière apte à exercer et à jouir de droits fondamentaux dans la Convention européenne des droits de l'homme.
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George, James. "Public and private regulation : a socio-legal study of building control in England and Wales." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297590.
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Guo, Yuchen. "Public participation in the marine spatial planning process : lessons learned from theoretical, legal, and empirical perspectives." Thesis, University of Hull, 2017. http://hydra.hull.ac.uk/resources/hull:16468.
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Public participation is a crucial component in environmental decision-making. The accepted wisdom is that participatory decision-making is a good thing. However, there is no single solution for designing and implementing public participation. The participation pattern in the marine planning context should be different from those applied in other decision-making processes in order to address the particular challenges and demands of marine management. Few studies have focused on public participation in marine planning, especially in the English marine planning context. This thesis fills this knowledge gap by studying public participation in English marine planning from theoretical, legal and empirical perspectives. This thesis addresses three research questions. First, what is the appropriate participation strategy for English marine planning? Second, to what extent does the current legal regime ensure effective public participation in marine planning and other marine-related decision-making? Third, how have the requirements for participation been implemented in marine planning practices? To investigate these questions, this thesis constructs a pluralist rationale for participation, including normative, substantive and instrumental dimensions, which fits the English marine planning context. The appropriate strategy for participation is identified. This strategy will contribute to fulfil the pluralist rationale for participation in marine planning process. The thesis also reviews the relevant legal framework at the international and domestic levels, to examine to what extent these legal regimes can support the implementation of public participation in the marine decision-making context. Finally, as a qualitative case study, the process and outcome of participation in producing the English East Inshore and Offshore Marine Plans are evaluated to reveal the deficiencies regarding participation in the English marine planning regime.
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Dean, Janice Louise. "Directing public companies : company law and the stakeholder society." Thesis, Brunel University, 2000. http://bura.brunel.ac.uk/handle/2438/5289.
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This thesis examines the legal duties of directors of UK public companies in the light of the 'stakeholder' approach to the firm. It considers the theory that directors are not simply agents of shareholders, but have a duty to take into consideration and, where appropriate, to balance the interests of several constituencies. Examples of suggested stakeholders include employees, customers, suppliers and creditors, as well as the local community and the natural environment. If this broad view of public company responsibility is warranted, the role of the law in securing a 'stakeholder' style of management needs to be examined, and this study attempts that task. To this end, empirical research was conducted via interviews with public company directors and secretaries from a range of public companies of different sizes operating in many business sectors to investigate: • the extent to which at present they view their role as requiring assessment and inclusion of the interests of stakeholders • the manner in which such assessment and inclusion is actually carried out • the impact which a statutory formulation of duties to incorporate stakeholder interests would or might have on decisionmaking in practice • the effect of board structure on corporate decisionmaking. The effect of 'stakeholder orientation' of company directors on the economic performance and social impact of UK public companies was considered. The DTI's Company Law Review Steering Group has referred to the distinction between 'Enlightened Shareholder Value' and the 'Pluralist' approach. This thesis further reviews those arguments and seeks to set them in their commercial context. It is highly probable that there will be a new UK Companies Act following the next General Election. This thesis suggests a new statutory statement of directors' duties and considers the impact which such statutory wording might have. If directors' legal duties were to be reformulated, that change would needs to buttressed by a mechanism to protect stakeholder expectations, in court as a last resort. This thesis argues that the most promising form for such stakeholder remedies is that of the current 'unfair prejudice' action. If the UK is to avoid being left behind internationally in its system of corporate regulation, it needs to take its European Union obligations and the laws of other Member States into account. It is argued that the UK can find much to learn from the continental European traditions. The conclusion of the thesis focuses on the Company Law Review and its potential economic impact. It is argued that UK company law should address the rights of all stakeholders if it is to be ‘modern’ and ‘competitive’.
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Shmilovits, Liron. "Deus ex machina : legal fictions in private law." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286225.
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This PhD dissertation is about legal fictions in private law. A legal fiction, broadly, is a false assumption knowingly relied upon by the courts. The main aim of the dissertation is to formulate a test for which fictions should be accepted and which rejected. Subsidiary aims include a better understanding of the fiction as a device and of certain individual fictions, past and present. This research is undertaken, primarily, to establish a rigorous system for the treatment of fictions in English law - which is lacking. Secondarily, it is intended to settle some intractable disputes, which have plagued the scholarship. These theoretical debates have hindered progress on the practical matters which affect litigants in the real world. The dissertation is divided into four chapters. The first chapter is a historical study of common-law fictions. The conclusions drawn thereform are the foundation of the acceptance test for fictions. The second chapter deals with the theoretical problems surrounding the fiction. Chiefly, it seeks precisely to define 'legal fiction', a recurrent problem in the literature. A solution, in the form of a two-pronged definition, is proposed, adding an important element to the acceptance test. The third chapter analyses modern-day fictions and recommends retention or abolition for each fiction. In the fourth chapter, the findings hitherto are synthesised into a general acceptance test for fictions. This test, which is the thesis of this work, is presented as a flowchart. It is the author's hope that this project will raise awareness as to the merits and demerits of legal fictions, de-mystify the debate and bring about reform.
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Assy, Rabeea. "The right to litigate in person." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:718698cd-9177-49fb-8fbb-336d809aa0ad.
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Litigation in person is a widespread phenomenon in common law jurisdictions. A right to litigate in person is treated as a fundamental right, regardless of whether the litigant has the financial means to hire a lawyer or the capacity to conduct litigation effectively. Due to the high numbers of litigants in person and the various burdens placed on judicial resources by their lack of legal knowledge, they pose a serious challenge to the effective and efficient administration of justice. This thesis assesses the theoretical value of a right to self-representation, and challenges the position that courts should not impose legal representation on a litigant nor require him to obtain such representation as a condition for litigation. It argues that a litigant who lacks the professional knowledge and skills to present his case effectively cannot legitimately insist upon representing himself if in doing so he is likely to inflict disproportionate costs on his opponent and on the administration of justice. This thesis advances the case for mandatory representation in civil proceedings on three main fronts: a comparison with the criminal context, an assessment of the value of self-representation in terms of outcome, and an examination of its possible intrinsic justifications.
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Burton, Timothy Paul. "Public participation : principles and practice : the legal regulation of water pollution." Thesis, University of Hull, 1990. http://hydra.hull.ac.uk/resources/hull:3897.
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The main body of the thesis is a detailed study of the practice of the legal regulation of water pollution, primarily between the period of 1 October 1983 and 31 August 1989, although reference is made to events preceding that period where necessary to provide a full assessment.
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Chitapi, Rudo Runako. "Women in the legal profession in South Africa: traversing the tensions from the bar to the bench." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15211.
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This paper takes the view that the substance of that knowledge and information is to be found with the very women we are concerned with. It seeks to investigate this by eliciting the experiences of women who have entered the profession, specifically the advocate’s profession, more commonly known as the Bar. Closer scrutiny of women in the profession in this way will determine whether and to what extent patriarchal normative attitudes still operative in the legal profession.
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Callahan, Shannon. "Public Domain: Using Technical Communication to Improve Public Access to the Law." Honors in the Major Thesis, University of Central Florida, 2004. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/699.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucfBachelors
Arts and Sciences
English; Technical Writing
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Anthony, Gordon Kennedy. "European Community law and the development of United Kingdom public law : the logic and limits of legal cross-fertilisation." Thesis, Queen's University Belfast, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.301751.
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McCall, Venitta Claudia. "An analysis of the legal rights and responsibilities of Virginia public school educators." Diss., This resource online, 1994. http://scholar.lib.vt.edu/theses/available/etd-06062008-145010/.
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Chay, Allan James, and N/A. "Lawyer Problem Solving: An Investigation of the Knowledge Used in Solving Practical Legal Problems." Griffith University. School of Education and Professional Studies, 2007. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070927.100346.
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This study investigates the knowledge that legal practitioners use to solve authentic practical legal problems in naturalistic settings. The study examines the declarative and procedural knowledge that practitioners use in that context and whether experienced practitioners use knowledge organised in encapsulated and script form (Boshuizen & Schmidt, 1992; Schmidt, Norman, & Boshuizen, 1990) to enable expert performance. The purpose of the study is to provide an empirically-based understanding of the knowledge used in solving real-life practical legal problems, for the information of the providers of practical legal training in Australia and other common law countries. The providers of that training use assumptions about that knowledge and how it is acquired, which do not always rest on coherent theoretical or empirically-derived foundations. The study uses the lawyering literature to identify the knowledge such literature considers is required to solve practical legal problems in lawyer and client interview settings. The study also examines the assumptions about the nature of that knowledge, and how it is acquired, which are apparent in the approaches of the providers of practical legal training. The limitations of those assumptions are identified from a cognitive perspective. The study examines cognitive conceptions of the knowledge used in problem solving in particular fields and how that knowledge becomes proceduralised and organised into structures called chunks and schemas. A particular examination is made of cognitive theories developed in the field of medical problem solving, which use the concepts of encapsulations and illness scripts to explain expert performance in diagnosing disease in clinical settings. This analysis is used to synthesise the prediction that experienced legal practitioners may develop and use structures similar to encapsulations and illness scripts in problem solving. This prediction is based on the similarities between the way medical practitioners and legal practitioners are educated and trained, and are taught to solve problems using a hypotheticodeductive method (or a domain variant in the case of law), and on the similarities between clinical settings and lawyer and client interview settings. The study also examines theories that explain human problem solving by reference to a metaphorical problem space, and synthesises the prediction that practical legal problem solving can be explained by a problem space theory that was developed to accommodate complex, ill-defined problems. That theory uses the concepts of a problem zone to reflect the ill-defined nature of the problem as presented to the problem solver, a search and construction zone to reflect the phenomenon that the problem solver will have to construct operators to use to solve the problem, and a satisficing zone to reflect the phenomenon that there will be no single unambiguous solution to the problem (Middleton, 1998). The study uses the lawyering literature to identify the characteristics of practical legal problems in a lawyer and client interview setting. The cognitive literature is used to identify the cognitive conceptions that correspond to those characteristics. It is argued that these problems are complex, ill-defined problems that have to be found by the problem solver using weak problem solving strategies such as problem decomposition, attribute identification and means-ends analysis (Simon, 1973; Dillon, 1982; Newell, 1980). Based on these predictions two research questions are developed as follows: How do legal practitioners find and construct practical legal problems? Are there differences in the knowledge that experienced legal practitioners use and that which novice practitioners use? Do those differences reflect differences in the individual practitioners underlying knowledge and how that knowledge is organised? These questions are investigated in four case studies. Two of these studies involve experienced legal practitioners and two involve novices. These studies reveal that all the subjects used similar general problem solving strategies to find and construct problems. The subjects all constructed a series of problems rather than one large problem. The subjects did not all find and construct the same problems and some subjects constructions of problems changed as new information came to light. Most subjects did not finish the construction of problems at the interview. The processes that the subjects use to construct problems can be explained by Middletons (1998) problem space model, although this study suggests that model needs to be modified to accommodate the on-going emergent character of practical legal problems as they occur in lawyer and client interview settings. The investigation revealed qualitative differences between the problem attributes and moves that the experienced subjects identified and those that the novices identified. In summary, the experienced subjects identified attributes and moves that were more detailed, more directly related to the facts and more concrete than those that the novices identified. Both the experienced subjects and the novices appeared to rely on recognition (Newell & Simon, 1972) to identify problem attributes and moves rather than on any apparent step-by-step legal analysis and reasoning process. This study suggests that the superior performance of the experienced subjects may be explained by their use of knowledge in encapsulated and script form, as predicted. The study discusses the implications of its findings for practical legal training courses as a need to provide students with general problem solving knowledge, provide them with the knowledge that they will need to recognise problems in specific areas of practice, to help them start to develop knowledge in encapsulated and script form, and to develop an understanding of the limits of institutional training in developing professional expertise.
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Hanisch, Christoph. "Why the Law matters to you: Citizenship, Agency, and Public Identity." Bowling Green State University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1339933456.
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Bryan, Derrel James. "A Legal and Historical Study of Parental Choice: Implications for Public Education." [Tampa, Fla.] : University of South Florida, 2004. http://purl.fcla.edu/fcla/etd/SFE0000481.
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Haflidadottir, Helga. "The progressive development of international enforcement : public international law and compliance with environmental obligations." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/14459.
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This thesis is concerned with the progressive development of international enforcement. In effect, it explores the normative pull of international law and its influence on compliance with international environmental obligations. Moreover, it looks to the notion of progress in international law and assesses its influence within the sphere of international enforcement. In recent decades, the effect of contemporary environmental challenges on the enjoyment of various values and rights have become more apparent. It is in light of this present situation that this thesis explores the progressive development of international enforcement. Furthermore, it is in light of this situation that the thesis makes a claim for enhanced compliance with international environmental obligations. The thesis main argument is that the normative pull of international law can increase the effectiveness of international enforcement within the context of some international environmental obligations. Furthermore, the thesis posits that looking to the notion of progress in international law can advance an understanding of how the normative pull impacts the authority and legitimacy of international enforcement measures. To that end, it is argued that the notion of progress in international law, by coinciding with authority in international law, justifies coercive enforcement actions; and further, that the notion of progress, by influencing the legitimacy of international enforcement, contributes to the necessity of compliance. In effect the notion of progress in international law, therefore, has the capacity to influence compliance with international environmental obligations. In order to contextualise the theoretical arguments and assumptions made, the thesis looks to two international environmental obligations: The obligation to avert the cause of climate change and the obligation to preserve and protect the marine environment.
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O'Connor, John Francis. "The principle of good faith in legal theory: ( with particular reference to public international law)." Thesis, University of London, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488809.
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Haskin, Eleanor. "Legal Consciousness and the Legal Culture of NAGPRA." Oberlin College Honors Theses / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1601049615507107.
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Wiratraman, R. Herlambang Perdana Sriprapha Petcharamesree. "Good governance and legal reform in Indonesia /." Abstract, 2006. http://mulinet3.li.mahidol.ac.th/thesis/2549/cd392/4837954.pdf.
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Philbert, Robert E. "A survey of selected teacher spokespersons regarding Indiana Public Law 217." Virtual Press, 1987. http://liblink.bsu.edu/uhtbin/catkey/516209.
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The purpose of this study was to determine the level of satisfaction of selected teacher spokespersons toward Indiana Public Law 217, the collective bargaining law for teachers.A survey instrument consisting of forty-six items in five Likert-response categories was mailed to 125 randomly selected teacher spokespersons in Indiana. Space was provided for respondents to write comments or rationale for their answers. Fifty-seven teacher spokespersons responded to the survey.The following rank order was utilized for each of the sections of Indiana Public j 217 ranging from (5) highly dissatisfied, (4) somewhat dissatisfied, (3) neutral, (2) somewhat satisfied to (1) highly satisfied based on the mean scores.Findings1. Selected teacher spokespersons rated four section items between 4.00 and 5.00.2. Of the forty-six section items that were surveyed, seventeen sections were rated between 3.00 and 3.99.3. Negotiators for the teachers ranked seventeen sections of Indiana Public L&7_ between 2.00 and 2.99.4. Eight section items were rated between 1.00 and 1.99 by the teacher spokesperson.Conclusions1. Teacher spokespersons were dissatisfied with the inability to strike and the penalities for unlawful strikes.2. Teacher spokespersons were dissatisfied with the procedures and restrictions governing bargaining and discussions.3. Teacher spokespersons were dissatisfied with the provisions and procedures of fact-finding, arbitration and maintaining a status quo contract.4. Teacher spokespersons were dissatisfied with the sections of the law dealing with the rights of the employer5. Teacher spokespersons were dissatisfied with the stated intent of the law.6. Teacher spokespersons were dissatisfied with the structure and powers of the Indiana Education Employment Relations Board.7. Teacher spokespersons were satisfied with the definitions of certificated employees and exclusive representative.8. Teacher spokespersons were satisfied with the procedures of unfair practices as stated in the law.9. Teacher spokesperson were satisfied with the procedures of dues deductions as stated in the law.
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Walker, Peter E., and n/a. "Power relationships and community law centres in Dunedin : power relationships between community organisations, their communities and their funding bodies : specifically focusing on community law centres in Dunedin and the Legal Services Board." University of Otago. Department of Social Work and Community Development, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070528.124321.
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This research engages critically with major public sector accountability theories in relation to the development of law centres in Aotearoa/New Zealand (and comparative international examples) focusing on the two centres in Otago, the Ngai Tahu Maori Law Centre and the Dunedin Community Law Centre.
Definitions of accountability are argued to be embedded within theoretical discourses which produce definable models of accountability corresponding to these theoretical statements. Case studies of the discourses of both law centres and their funding bodies are described and contrasted in terms of their views of the role of law centres, interaction with various interest groups and their accountability relationships. The data identifies a desire of both community law centres to engage with a communitarian, �bottom-up�, model of accountability, in contrast to the former social democratic-bureaucratic and current liberal �stakeholder� and �contract� models of the official funding agencies. The current dominance of the liberal �stakeholder� discourse is seen as based on professional power, hierarchical legal structure and control of funding. It is argued that any shift in the dominance of power relationships surrounding community law centres in Aotearoa/New Zealand would entail a strengthening of ties and links with the community, through seeking alternative power supports, a participatory structure and locally controlled funding.
Keywords: accountability; power relationships; community law centres; dominance; community.
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Swart, Lynette. "The legal framework pertaining to selected segments of the financial market." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1425.
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A sound financial system is the cornerstone of any country‘s economy. As South Africa has always been deemed to have a sound legal framework pertaining to the financial market, it has never faced the situation where it had to extensively review its entire legal framework. However, the recent global economic meltdown left policy makers, internationally, questioning the soundness of their financial systems and South Africa has been no exception. This dissertation provides an overview of the legal framework pertaining to selected segments of the financial market. This legal framework is then tested against certain selected issues highlighted by the global economic meltdown in order to establish whether it was and still is sufficiently robust to effectively negotiate these challenges. In order to deal with the selected segments of the legal framework pertaining to the financial market as comprehensively as possible, the selected segments for the purposes of this dissertation include the capital market, the money market and the derivative market. This dissertation also evaluates the impact of other recent domestic developments pertaining to securities settlement in South Africa. These developments include the recently promulgated Companies Act 71 of 2008 and the currently drafted Participant Failure Manual. This dissertation suggests that the Companies Act 71 of 2008 will have a significant impact on securities settlement. It is recommended that companies, holders of uncertificated securities and holders of beneficial interests in uncertificated securities familiarise themselves with their revised rights and obligations in order to, amongst other things, ensure compliance with this new legislative framework. This dissertation reveals that, even though our financial system has been found to be fundamentally sound and thus far have dealt with the global economic meltdown quite well, legislative reform to conform to international best practice is imperative. It is recommended that policy makers should strive to ensure that the South African legal framework pertaining to the financial market is sufficiently aligned with the principles, methodologies and recommendations as provided for by the international institutions providing best practice. The highlighted areas of legislative reform include the legal frameworks pertaining to credit rating agencies, investor due diligence, ix crisis management tools, compensation structures, accounting and valuations standards, issuer transparency, market transparency and risk management. This dissertation highlights that a significant amount of legislative amendments and endorsements by the relevant regulators and the Master of the Court are required for the successful integration of the Participant Failure Manual into the legal framework pertaining to the financial market. If, when and how the notion of Participant Failure will be accepted and regulated by the relevant regulators, without creating a conflict of interest, remains a question to be answered.