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Статті в журналах з теми "Fixed term appointments"
1
Knox, John. "Qiu v. Secretary-General of the United Nations." American Journal of International Law 85, no. 4 (October 1991): 686–89. http://dx.doi.org/10.2307/2203275.
Повний текст джерелаАнотація:
In September 1984, the UN Secretary-General (Respondent) offered five-year fixed-term contracts as interpreters to Rong Qiu, Kefu Zhou, and Jiping Yao (Applicants), who had just completed the UN training course for interpreters at the Beijing Institute of Foreign Languages. The letters of appointment accepted by the Applicants stated that they were “on secondment from the Government of China.” They received very good performance ratings, and in the spring of 1989 their department recommended that they be offered probationary, career-track appointments when their contracts expired.
2
Huysamen, Elsabé. "An Overview of Fixed-Term Contracts of Employment as a Form of A-typical Employment in South Africa." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–42. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4605.
Повний текст джерелаАнотація:
A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, however, by unscrupulous employers and are generally regarded as providing less security to employees than permanent employment. The article considers the general use of fixed-term contracts and addresses selected issues pertaining to the 2014 amendments to the Labour Relations Act 66 of 1995 in as far as these contracts are concerned. The article also considers the potential effect these amendments might have on common historic problems associated with fixed-term contracts and highlights certain unresolved problem areas and uncertainties.
3
Finkelstein, Martin J. "Diversification in the Academic Workforce: The Case of the US and Implications for Europe." European Review 18, S1 (May 2010): S141—S156. http://dx.doi.org/10.1017/s1062798709990366.
Повний текст джерелаАнотація:
This paper examines two broad dimensions of change in the American academic profession: (1) demographic and generational change, including increasing feminization, changing attitudes toward the career-family balance, migration of faculty positions to the professions (versus the liberal arts) and away from the research university sector; and (2) changes in types of appointments, work and career tracks, including the decline of tenure and the rise of fixed term appointments, which involve more ‘specialized’ and less ‘place-bound’ work roles and alternative career tracks. It considers these changes more broadly in the context of the changing nature of work in a globalized economy and the changing nature of the knowledge industry and in the context of similar developments in Europe and Asia. It concludes with an extrapolation of how these trends are likely to play out in the US context and in a new ‘globalized’ academic marketplace over the next 10–20 years.
4
Gökçe, Begüm, and Burçak Kaya. "Periodontal effects and survival rates of different mandibular retainers: comparison of bonding technique and wire thickness." European Journal of Orthodontics 41, no. 6 (August 1, 2019): 591–600. http://dx.doi.org/10.1093/ejo/cjz060.
Повний текст джерелаАнотація:
Summary Objectives This non-randomized prospective cohort study aimed to compare the periodontal effects and success rates of mandibular canine-to-canine fixed retainers having different bonding techniques and wire thicknesses. Materials and methods Hundred patients requiring retention after orthodontic treatment were assigned to five study groups (n = 20 in each group, 61 females/39 males, median age range 16.5–18.0 years). Retention was provided by 0.0215”/direct, 0.0215”/indirect, 0.0175”/direct, 0.0175”/indirect bonded multistranded wires and removable Essix appliances. The primary and secondary outcomes were periodontal effects and success rates. The patients were examined in 1 week, 1 month, 3 months and 6 months follow-up appointments. Plaque index, gingival index, probing depth, marginal recession, bleeding on probing, failure rate per retainer wire and survival of retainer wires were analysed by Kruskal–Wallis H, Mann–Whitney U and chi-square tests. Results Significant differences were observed between the fixed retainer (FR) and Essix (E) groups in gingival index scores at 1 month [mean FR: 1.13 (95% confidence interval (CI): 0.81–1.44), mean E: 0.40 (95% CI: 0.14–0.69), mean difference: 0.73, P < 0.01], 3 months [mean FR: 0.97/1.01 (95% CI: 0.65–1.30/0.72–1.30), mean E: 0.52 (95% CI: 0.25–0.82), mean differences: 0.45/0.49, P < 0.05], 6 months [mean FR: 0.94 (95% CI: 0.62–1.27), mean E: 0.35 (95% CI: 0.15–0.58), mean difference: 0.59, P < 0.05] and in bleeding on probing scores at 1 month [mean FR: 3.05 (95% CI: 2.12–3.98), mean E: 1.15 (95% CI: 0.42–1.88), mean difference: 1.90, P < 0.01]. The survival rates of retainer wires were 85 per cent for the 0.0215” direct/indirect and 90 per cent for the 0.0175” direct/indirect groups for the 6 months follow-up. Limitations Six months follow-up period, which demonstrates only short-term outcomes. Conclusions The periodontal outcomes or survival rates of mandibular fixed retainers were not affected by bonding technique or wire thickness, whereas gingival health improved with Essix retainers but not with fixed retainers.
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O’Neill, A., S. McAleer, H. McCarty, J. Clarke, A. Drake, J. Hurwitz, A. Clayton, et al. "Semi-permanent tattoos in breast radiotherapy (STaBRad) study: a randomised-controlled clinical trial comparing the ‘Precision Plus Micropigmentation System’ to permanent skin tattoos in radical breast radiotherapy patients." Journal of Radiotherapy in Practice 17, no. 1 (November 10, 2017): 12–19. http://dx.doi.org/10.1017/s1460396917000577.
Повний текст джерелаАнотація:
AbstractIntroduction and purposeAccurate and reproducible patient positioning is a critical step in radiotherapy for breast cancer. This has seen the use of permanent skin markings becoming standard practice in many centres. Permanent skin markings may have a negative impact on long-term cosmetic outcome, which may in turn, have psychological implications in terms of body image. The aim of this study was to investigate the feasibility of using a semi-permanent tattooing device for the administration of skin marks for breast radiotherapy set-up.Materials and methodsThis was designed as a phase II double-blinded randomised-controlled study comparing our standard permanent tattoos with the Precision Plus Micropigmentation (PPMS) device method. Patients referred for radical breast radiotherapy were eligible for the study. Each study participant had three marks applied using a randomised combination of the standard permanent and PPMS methods and was blinded to the type of each mark. Follow up was at routine appointments until 24 months post radiotherapy. Participants and a blind assessor were invited to score the visibility of each tattoo at each follow-up using a Visual Analogue Scale. Tattoo scores at each time point and change in tattoo scores at 24 months were analysed by a general linear model using the patient as a fixed effect and the type of tattoo (standard or research) as covariate. A simple questionnaire was used to assess radiographer feedback on using the PPMS.ResultsIn total, 60 patients were recruited to the study, of which 55 were available for follow-up at 24 months. Semi-permanent tattoos were more visible at 24 months than the permanent tattoos. Semi-permanent tattoos demonstrated a greater degree of fade than the permanent tattoos at 24 months (final time point) post completion of radiotherapy. This was not statistically significant, although it was more apparent for the patient scores (p=0·071) than the blind assessor scores (p=0·27). No semi-permanent tattoos required re-marking before the end of radiotherapy and no adverse skin reactions were observed.ConclusionThe PPMS presents a safe and feasible alternative to our permanent tattooing method. An extended period of follow-up is required to fully assess the extent of semi-permanent tattoo fade.
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Soldatova, Lyudmila N., Yulia V. Sachyan, and Viktoriya V. Prokhorova. "Role of motivation in successful orthodontic treatment in teenagers." Russian Journal of Dentistry 26, no. 4 (September 29, 2022): 345–53. http://dx.doi.org/10.17816/1728-2802-2022-26-4-345-353.
Повний текст джерелаАнотація:
BACKGROUND: Orthodontic treatment is a long-term and responsible therapy that affects the quality of life of a patient at any age. Adolescence is the most suitable for eliminating dentition and jaw anomalies and one of the most difficult from the point of view of psychology. To achieve quick and successful treatment results, the orthodontist should establish a trusting contact with the patient, consider age-related behavioral characteristics, and know and apply modern methods of orthodontic treatment and psychological methods.
AIM: This study aimed to evaluate the role of motivation in successful orthodontic treatment in teenagers.
MATERIAL AND METHODS: Fifty-one patients participated in the experiment (28 girls and 23 boys; age, 1216 years), who were undergoing orthodontic treatment with removable and non-removable equipment. The first group was composed of patients with a positive dynamic, fixed type of treatment, and good hygiene, and was responsible for wearing extra equipment. Patients with positive treatment results were those who understood their orthodontic problems, were willing to receive treatment, and were able to choose their equipment for the treatment. The second group consisted of patients who were receiving the prescribed treatment, and the equipment was chosen either by the parents or their orthodontist. In these cases, patients dental hygiene worsened because of missing appointments and non-adherence to the recommendations of the orthodontist for the use of the extra equipment. These patients also felt uncomfortable communicating socially because of their orthodontics.
RESULTS: The success of orthodontic treatment for adolescents depends on their voluntariness in making decisions to start treatment, emotional readiness for it, and trusting relationships between the parents, patient, and doctor. Thus, considering the preferences of teenagers when choosing medical equipment is necessary so that they could receive a more detailed explanation of the need for timely orthodontic treatment, which will increase their motivation.
CONCLUSIONS: The patients progress was followed throughout their treatment. To reach optimal results and cooperation with the patient, the orthodontist has to consider the patients willingness to begin treatment, understand the different procedures, and allow them to choose their equipment while taking into account their age and psychological maturity. These procedures do not only increase the success of orthodontic treatment but also prevent unwanted results and positively influence the psychoemotional status of the teenager.
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Alenezi, Sattam, Janine Abramson, Coral Smith, Helen Sammons, and Sharon Conroy. "INTERVENTIONS MADE BY UK PHARMACISTS TO MINIMISE RISK FROM PAEDIATRIC PRESCRIBING ERRORS." Archives of Disease in Childhood 101, no. 9 (August 17, 2016): e2.62-e2. http://dx.doi.org/10.1136/archdischild-2016-311535.65.
Повний текст джерелаАнотація:
BackgroundPrescribing errors have the potential to adversely affect the safe pharmacological treatment of patients of all ages. The multi-centre General Medical Council commissioned ‘EQUIP’ study assessed the prevalence and nature of prescribing errors and found a mean rate of errors in 8.9% of medication orders.1 Paediatric data was not however analysed separately. Errors have been estimated to cause harm in paediatric patients three times more often than in adults.2 Clinical pharmacists play a role in identifying prescribing errors and minimising harm but this role has not been explored in detail in children in the UK.ObjectivesTo evaluate the prevalence and nature of prescribing errors and the role of hospital pharmacists in identifying and reducing risk in neonatal and paediatric patients.MethodsData collection sites were identified through the Neonatal and Paediatric Pharmacists Group by an email asking for volunteer centres. Clinical pharmacists working in these hospitals were asked to document prescribing errors in inpatient medication orders identified as part of their routine practice using a data collection form adapted from the EQUIP study1. A variety of hospital settings were aimed for.Data was collected monthly on six separate weekdays in most of the participating hospitals in 2013. Data was entered on to a SPSS database for collation and analysis.Classification of error type and potential severity was done using the EQUIP study categories1. Drugs were categorised according to the British National Formulary for Children3 and patient's ages were grouped according to the International Conference of Harmonisation guidelines.4 ResultsThirteen hospitals (eight specialist children's and five general teaching hospitals) from across the UK agreed to participate. Pharmacists checked 11,941 prescriptions written for 3,330 patients and identified 1,039 errors: an overall rate of 8.7% of medication orders with 20.6% of all patients having a prescribing error.Overdose was found to be the most common error followed by incorrect or missing administration times and underdose. This was in contrast to the EQUIP study where omission errors were most common. Specialist trainees/trust grade fixed term specialty training appointments (FTSTAs) made the majority of errors; however this was in proportion with the number of prescriptions which they wrote. Antibacterial and analgesic drugs were the most common classes associated with errors and the oral route was the most common route involved.70% errors were classified as minor, though 25% were considered significant, 5.4% serious and 0.22% (two errors) potentially lethal. Five patients were stated to have experienced harm.39.6% of errors occurred during the patient's hospital stay followed by 35% errors occurring on admission.ConclusionPrescribing errors occurred at a similar rate as in adult patients 1 but the most common type of errors was different with dosing errors most common in children. Clinical pharmacists' interventions play an important role in identifying and minimising harm from prescribing errors.
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Beltran de Heredia Ruiz, Ignasi. "Personal interino del sector público y nombramientos abusivos a la luz del asunto "Sánchez Ruiz/Fernández Álvarez"." RVGP 18, no. 18 (June 1, 2020): 8–37. http://dx.doi.org/10.47623/ivap-rvgp.18.2020.01.
Повний текст джерелаАнотація:
Laburpena: Laburpena: Aldi baterako kontratazioan gehiegikeriari aurre egiteko Europar Batasuneko eta barneko neurriek ez dute sistema bateratu bat osatu, logika estratifikatu bati erantzun diote. Arkitektura horri esker, barne-zuzenbideak Europako gidalerroetatik eta horiei eusteko tresnetatik aldendu da. Horren ondorioz (beste arrazoi batzuekin batera), behin-behinekotasun tasa onartezinak sortu dira eta fenomeno patologiko eta kroniko bihurtu da. Azterlan honek Europar Batasuneko Justizia Auzitegiaren (EBJA) doktrina aztertzen du, «Sánchez Ruiz/Fernández Álvarez» gai garrantzitsuraino, bai eta horrek sektore publikoko bitarteko langileen izendapenetan (ondoz ondokoak izan edo ez) gehiegizko behin-behinekotasunaren aurkako arauetan duen eragin sakona ere. Europar Batasuneko doktrinak azken urteetan izan duen bilakaerak agerian uzten du barne-arau-esparruarekin eta haren interpretazio judizialarekin bat ez datorrela, eta atzeraezina dela neurri eraginkorrak sartzea kolektibo horren egoera larria zuzentzeko. Azterlanak, halaber, une honetatik aurrera jarraitu beharreko araugintza- eta interpretazio-jarraibide nagusien deskribapena egiten du, eremu horretako behin-behinekotasunaren izaera erabat atipikoa zuzentzen lagundu beharko luketenak. Resumen: Las medidas comunitarias e internas para combatir el abuso en la contratación temporal no han conformado un sistema unitario sino que han respondido a una lógica estratificada. Esta arquitectura ha permitido al derecho interno operar alejándose de las directrices comunitarias y de sus resortes de contención. Lo que ha desembocando (en conjunción con otras causas) en unas tasas de temporalidad intolerables y convirtiéndose en un fenómeno patológico y crónico. Este estudio lleva a cabo un análisis de la doctrina del Tribunal de Justicia de la Unión Europea (TJUE) hasta el importante asunto «Sánchez Ruiz/Fernández Álvarez» y de su profundo impacto en las normas contra la temporalidad abusiva en los nombramientos (sucesivos o no) del pesonal interino del sector público. El recorrido en la evolución de la doctrina comunitaria de los últimos años que se lleva a cabo evidencia el desajuste con el marco normativo interno y su interpretación judicial y la inaplazable necesidad de introducir medidas efectivas que corrijan la grave situación de este colectivo. El estudio también hace una descripción de las principales directrices normativas e interpretativas a seguir a partir de este momento y que deberían contribuir a corregir el carácter absolutamente atípico de la temporalidad en este ámbito. Abstract: Both national and the European Union (EU) measures to combat abuse in temporary contracts haven’t conformed a unitary system but have responded to a stratified logic. This architecture has allowed domestic law to operate away from EU guidelines and its containment elements. These factors have led (in conjunction with other causes) into intolerable temporality rates which have become a pathological and chronic phenomenon.This essay analyses the Court of Justice of the European Union (CJEU) doctrine up to the «Sánchez Ruiz/Fernández Álvarez» case and its deep impact on the national regulations to prevent abusive use of fixed-term appointments (successive or not) of public sector interim staff. The study of the evolution of recent CJEU doctrine that is carried out shows the mismatch with the internal regulatory framework and its judicial interpretation and the urgent need to introduce effective measures to correct the serious situation of this collective. The study provides as well a description of the policy and interpretation guidelines to follow from now on. These measures should contribute to mitigate theatypic temporality rates in this sector.
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Bassen, Alexander, Dirk Schiereck, and Christian Thamm. "Activist shareholders and the duration of supervisory board membership: Evidence for the German Aufsichtsra." Corporate Ownership and Control 13, no. 2 (2016): 521–31. http://dx.doi.org/10.22495/cocv13i2c3p3.
Повний текст джерелаАнотація:
We study the fixed term nature of the German supervisory board appointment hypothesizing that the timing of the upcoming election has an impact on the credibility of effort by activist investors. More credible approaches should consequently be associated with higher wealth effects. An average abnormal return that is up to 6.9 percent higher can be observed when potential activists consider the timing of the next supervisory board election. Capital markets apparently perceive an activist effort within one to two years prior to the election as being most credible. Quite contrary to intuition it seems that high cash positions on targets’ balance sheets have a negative impact on the post-announcement wealth effects.
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Deryuga, Artem N., and Sergey N. Shaklein. "Administrative Penology: Modern Research Prerequisites." Administrative law and procedure 5 (May 13, 2021): 28–33. http://dx.doi.org/10.18572/2071-1166-2021-5-28-33.
Повний текст джерелаАнотація:
Administrative punishment is the most important legal “lever” to reduce the level of administrative tort. Hence, it is important to study the issue of increasing the effectiveness of administrative punishment and the formation of a special scientific directionadministrative Penology, the Central element of the subject of which is administrative punishment and those phenomena, events, facts, States and processes that form the legally fixed type and limits of administrativetort sanctions. The need for a comprehensive study of administrative punishment is associated with obtaining the most effective result, designed for the long term, by analyzing the effectiveness of the existing exclusively legal mechanism for the appointment and execution of administrative punishments and searching for reserves of administrative punishment, using the achievements of legal, sociological and psychological Sciences.
Дисертації з теми "Fixed term appointments"
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Killey, Ian David. "Police and the Executive." Thesis, 2017. https://vuir.vu.edu.au/37859/.
Повний текст джерелаАнотація:
This thesis examines the legal relationship between police and government in Australia to
ascertain the extent to which the statutory forms and the understanding of those forms allow
Australian police forces to be subject to direct or indirect government direction. The thesis
also proposes areas of law reform to establish a constitutionally and legally coherent
relationship.
The methodology for the thesis is doctrinal and documentary. It involves examination of the
statutory, parliamentary, judicial and historical record in Australia and comparable
jurisdictions (predominantly United Kingdom and Canada) to ascertain the elements of the
different models, the reason for their enactment and how they have been applied and
understood.
The thesis finds that there are three different statutory approaches used in Australia: the No,
Broad and Limited Direction Models. However, the understanding of those models and the
development of the Limited Direction Model, has been confused by a supposed doctrine of
police independence developed during the 20th century based on flawed legal and historical
considerations. Those flawed considerations include:
• Selective use of the historical record;
• Ignoring expressions of parliamentary intention when interpreting legislation;
• Misapplication of judicial authorities;
• Inflating the significance of the office of constable;
• Misunderstanding and misapplying the doctrine of separation of powers;
• Applying a flawed ‘mythology’ regarding Sir Robert Peel and his intentions; and
• Minimising the constitutional significance of the doctrine of ministerial responsibility.
This flawed view, combined with an erroneous understanding constitutional conventions,
have led to a widely held but confused understanding of the police government relationship
in Australia that police are, or should be independent of government in relation to
‘operational’ matters, but with no settled view as to the meaning of that term. This is further
confused by another widely held view that policy decisions are the preserve of government,
even though policy and operations are related and not contradictory concepts.
The thesis has also identified a further area of confusion in the relationship, being significant
legislative reductions to the security of tenure of Police Commissioners. All State police
Commissioners are now employed for 5 year terms and most have little or no protection from arbitrary termination of appointment. This provide a means for indirect influence in a non
transparent manner over Police Commissioners.
Given this confused relationship the thesis proposes elements as a basis for the
development of a coherent constitutional relationship. Those elements are:
• Basing the relationship on the doctrine of ministerial responsibility with government
empowered to direct police on all or the majority of policing matters. The only
exclusions would be matters which can be demonstrated as inappropriate for
government to direct. This element is consistent with government’s responsibility for
policing and recognises that the effectiveness of police, as with other statutory
bodies, can require certain well defined areas of independence.
• Requiring the government direction power to be exercised transparently; which will
ensure that governments are subject to scrutiny for exercises of that power.
• Increasing the security of tenure for Police Commissioners, so as to reduce indirect
government influence over police.
Книги з теми "Fixed term appointments"
1
Institution of Professionals, Managers and Specialists. Fixed term and casual appointments. London: IPMS, 1992.
Знайти повний текст джерелаЧастини книг з теми "Fixed term appointments"
1
Gáspár-Szilágyi, Szilárd, and Laura Létourneau-Tremblay. "A Question of Impartiality." In Identity and Diversity on the International Bench, 280–329. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198870753.003.0015.
Повний текст джерелаАнотація:
As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of dissents written. In the absence of data on the educational and professional backgrounds of all appointed arbitrators, our findings concerning education and the professional background are more tentative. Where we do see significant correlation, is between dissents and appointments by the losing party. Arbitrators appointed by the losing party dissented roughly three times more often than the other arbitrators did. The fact that most dissents are written by arbitrators appointed by the losing party creates the perception that some arbitrators act more like the advocates of their appointers instead of impartial adjudicators. We propose that a standing, two-tier investment court that provides for non-renewable, long-term appointments and fixed salaries could remedy the perceived partiality of party-appointed arbitrators and ensure the survival of dissents.
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Pearce, Robert, and Warren Barr. "22. Discretionary trusts." In Pearce & Stevens' Trusts and Equitable Obligations. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198745495.003.0022.
Повний текст джерелаАнотація:
This chapter considers the key features of a discretionary trust. Unlike a fixed trust, which gives defined shares to the beneficiaries, a discretionary trust gives the trustees a discretion as to how to allocate the beneficial interests. They are mechanisms by which an owner of property can grant to others the power to allocate a fund among a defined class or group. As in a power of appointment, the allocator has complete discretion how the fund should be allocated, either, or both, in terms of the persons who should receive shares of the fund and the size of the shares they should receive. However, unlike mere powers of appointment, the allocator is under a mandatory duty to make allocations in accordance with the terms of the trust. The court will intervene to ensure that this duty is discharged.
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Barr, Warren, and John Picton. "27. Discretionary trusts." In Pearce & Stevens' Trusts and Equitable Obligations, 581–93. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198867494.003.0027.
Повний текст джерелаАнотація:
This chapter considers the key features of a discretionary trust. Unlike a fixed trust, which gives defined shares to the beneficiaries, a discretionary trust gives the trustees a discretion as to how to allocate the beneficial interests. They are mechanisms by which an owner of property can grant to others the power to allocate a fund among a defined class or group. As in a power of appointment, the allocator has complete discretion as to how the fund should be allocated, either, or both, in terms of the persons who should receive shares of the fund and the size of the shares they should receive. However, unlike mere powers of appointment, the allocator is under a mandatory duty to make allocations in accordance with the terms of the trust. The court will intervene to ensure that this duty is discharged.
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Thompson, Brian, and Michael Gordon. "5. The Royal Prerogative and Constitutional Conventions." In Cases & Materials on Constitutional & Administrative Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767732.003.0005.
Повний текст джерелаАнотація:
Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter reviews the royal prerogative and constitutional conventions, and the relationship between these two sources of constitutional rules. It identifies the various types of prerogative power, and the attempts to place such powers on a statutory basis, including in the Constitutional Reform and Governance Act 2010, and the Fixed-term Parliaments Act 2011. It also examines attempts to codify constitutional practice, including the Crown's personal prerogative of the appointment of the Prime Minister in the Cabinet Manual. The discussion moves on to constitutional conventions as a source of the constitution, their relationship with law, and their nature as rules of political behaviour. The chapter considers the treatment of conventions in the courts, and whether they can obtain legal force. Finally, the chapter discusses the codification of conventions.
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Thompson, Brian, Michael Gordon, and Adam Tucker. "5. The Royal Prerogative and Constitutional Conventions." In Cases and Materials on Constitutional and Administrative Law, 194–245. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867883.003.0005.
Повний текст джерелаАнотація:
This chapter reviews the royal prerogative and constitutional conventions, and the relationship between these two sources of constitutional rules. The first section identifies the various types of prerogative power and explores recent examples where these such powers have been placed on a statutory basis, as well as proposals to reverse this process, such as by repealing the Fixed-term Parliaments Act 2011 and reviving the royal prerogative. It also examines attempts to codify constitutional practice, including the Crown’s personal prerogative of the appointment of the Prime Minister in the Cabinet Manual, and the interaction between prerogative and statute in the courts. The second section of the chapter explores constitutional conventions as a source of the constitution, their relationship with law, and their nature as rules of political behaviour. It considers the treatment of conventions in the courts, whether they can obtain legal force, and the feasibility and desirability of codifying conventions. The important connections between the royal prerogative and constitutional conventions are analysed at various points throughout the chapter.
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"President Leonid Kuchma has set about buttressing the executive branch with loyal people … Kuchma signed a decree on further administrative reforms in which he instituted the posts of state secretary of the govern-ment and state secretaries of the ministries. All state secretaries and their deputies will be appointed by the president for five-year terms and will control virtually all the work of their ministries, from staffing to the alloca-tion of funds and the appointment of directors of the ministries’ regional offices. The decree says that the state secretaries ‘shall oversee the partic-ular operations of their ministries’ and ‘shall be responsible for organizational, legal, expert-analytical, informational and technical support for the ministries’ work’. The post of deputy ministries is hence-forth abolished. State secretaries can be fired only by the president … Presidential chief of staff Vladimir Litvin commented … ‘Virtually all levers of influence are concentrated in the hands of the ministry state secretaries’." In The Countries of the Former Soviet Union at the Turn of the Twenty-First Century, 556–601. Routledge, 2004. http://dx.doi.org/10.4324/9780203647547-33.
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