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Debating the theoretical basis for judicial review : a hermeneutical studyMcGarry, John January 2008 (has links)
The purpose of this dissertation is to address the question of how we can constitutionally justify the judicial review jurisdiction of the English courts. Two competing theories are commonly posited as providing this justification: the ultra vires theory and the common law theory. This research consists of a hermeneutical analysis of these two theories; it examines their rationales and the main themes of the debate between their supporters. It also uses immanent critique to reveal a significant lack of 'fit' between judicial review in practice and each of the theories. It is implicit within the two theories that they match the actual exercise of the supervisory jurisdiction. Thus, the lack of fit exposed by the critique brings into question any claims that either theory can provide the constitutional legitimacy for judicial review. The thesis advanced in this dissertation is in two parts. First, it is argued that the doctrine of parliamentary sovereignty operates as a principle. This means that legislation may be balanced against other principles derived from the common law or other statutes. This is in contrast to both the ultra vires and common law theories in which the doctrine is assumed to function as a rule. Second, under this novel conception of parliamentary sovereignty it is not necessary to justify the operation of judicial review by reference to legislative intent or express statutory provision. Rather, the standards of good administration may be rationalized as being developed and applied pursuant to an inherent jurisdiction of the courts.
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An investigation into the deployment of IEEE 802.11 networksJanse van Rensburg, Johanna Hendrina January 2007 (has links)
Currently, the IEEE 802.11 standard is the leading technology in the Wireless Local Area Network (WLAN) market. It provides flexibility and mobility to users, which in turn, increase productivity. Opposed to traditional fixed Local Area Network (LAN) technologies, WLANs are easier to deploy and have lower installation costs. Unfortunately, there are problems inherent within the technology and standard that inhibits its performance. Technological problems can be attributed to the physical medium of a WLAN, the electromagnetic (EM) wave. Standards based problems include security issues and the MAC layer design. However the impact of these problems can be mitigated with proper planning and design of the WLAN. To do this, an understanding of WLAN issues and the use of WLAN software tools are necessary. This thesis discusses WLAN issues such as security and electromagnetic wave propagation and introduces software that can aid the planning, deployment and maintenance of a WLAN. Furthermore the planning, implementation and auditing phases of a WLAN lifecylce are discussed. The aim being to provide an understanding of the complexities involved to deploy and maintain a secure and reliable WLAN.
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The Communist resistance movement in war-torn Guangdong, China, 1937-1945Chan, Gordon Yiu Ming January 2001 (has links)
This doctoral dissertation traces the origins of the East River and the Hainan Base Areas, which were established by the Chinese Communist Party in Guangdong during the Anti-Japanese War (1937-45) and explains why they failed to achieve the kind of dramatic expansion as did their northern counterparts. As the case of the East River Base Area demonstrates, the major problem which confronted the Party was the limited scope of Japanese occupation. The absence of widespread political anarchy on the Guangdong mainland did not only trigger much initial debate among Party leaders over the possibility of guerrilla mobilisation but also imposed severe constraints on local attempts to construct Communist bases. In Hainan, although the political-military situation was more favourable, the Party's plan of developing the island into a Communist stronghold in South China still ended up in a merely theoretical construct. Among those important factors which contributed to its frustration were inadequate resources at the Party's disposal, the loss of radio communication between Hainan and the Party Centre in Yan'an, the intense Japanese "mopping-up" campaigns and the island's age-long Li-Han racial conflict. It was not until mid-1944 that the Japanese Ichigo offensive created in Guangdong an environment conducive to the reduplication of the Communist expansion in the north. Unfortunately, this extensive enemy occupation came to the province too late and was too short. Japan's sudden surrender in August 1945 thwarted Mao Zedong's ambitious efforts of combining the Communist bases in Central and South China. By examining the reasons for the underdevelopment of the two southern bases, this study raises some important questions about the Communist wartime movement such as the limits of Mao's model of base construction and the need of a dynamic balance between central supervision and local initiatives for achieving the Communist revolution.
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Dopady světové ekonomické krize na veřejné finance vybraných státůKordulová, Pavlína January 2011 (has links)
No description available.
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The Nigerian coups d'etat of 1966 and 1983 : failure of legitimacy and nation buildingEgbemhonkhaye, Iwazor 20 September 1991 (has links)
In 1966 Nigeria joined the extended list of nations where the military through the coup d'etat substituted themselves and their policies in place of civilian regimes. This thesis deals with the problem of the coup d'etat in that nation with a specific focus on the coups of 1966 and 1983. The major emphasis centers on factors that are significant in the occurrence of the coup d'etat.
Nigeria presents an interesting case study because at the time of independence it was not expected to be plagued by the specter of unstable civil-military relations that was rampant in other parts of Africa and Latin America. This study thus, set out to analyze societal conditions to attain valid reasons why the constitutional government had been so easily displaced by the military.
This study hypothesizes that the failure of political elites to acquire confidence and support for societal institutions significantly enhanced the atmosphere that was conducive to the coup d'etat. This approach pays specific attention to societal conditions such as, weak institutions and elite inefficiency to make its case.
This study describes the failure of the elites to rally mass support for societal institutions as the critical variable in the occurrence of the coup d’état.
It is my genuine hope that this study will contribute to the debate on the coup d’état by adding the concept of internal dynamics to the institutional theories. In this regard, this study hopes to determine to what extent internal societal conditions are relevant in the occurrence of the coup d’état.
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Evropský zemědělský fond pro rozvoj venkova ( EAFRD) a jeho vliv na zvýšení rozvojového potenciálu venkovského prostoru / European agrarian fund for development country (EAFRD) and its influence on raise developind potential provincial spaceKYSELOVÁ, Kateřina January 2011 (has links)
The content and meaning of the EAFRD scientific literature. The collection of input-Bulletin granted subsidies to its localization according to the development potential of the region. Create a table comparing the invested financial resources and anticipated effects of subsidies granted from the Fund under EAFERD JK. Calculation of the projected increase in development potential for the region. Preparation of base map and text, identifying the need for allocation of funds from the EAFRD.
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Geology and geochemistry of the late Archaean greenstone associations, Maseno area, KenyaOpiyo-Akech, Norbert January 1988 (has links)
The greenstone belt of Kenya is an extension of what is commonly referred to as the Tanganyika "Shield". The two supracrustal sequences recognized in Kenya are the Nyanzian and the Kavirondian. The rocks found in these sequences are diverse, with dominant volcanics in the Nyanzian, whereas the Kavirondian is predominantly sedimentary. The Nyanzian lavas represent a diverse range from basalts and basaltic andesites, through andesites and dacites to rhyolites. From geochemical studies the basalts and basaltic andesites are tholeiitic, whereas the andesites, dacites and rhyolites are calc-alkaline. The sedimentary sequence ranges from mudstone, through shales, sandstones and grits to conglomerates. The plutonic rocks range in composition from gabbro to true granites, but tonalite is the dominant rock type. The chemical differences between the tholeiitic basalts and the calc-alkaline andesitic to rhyolitic sequences suggests that these volcanic suites are derived from different sources and/or through different processes. The granitoids have close chemical similarities with the silicic volcanics. From the geochemical and field relationships, the Nyanzian and Kavirondian sequences are considered to have developed on a continental segment which had not yet attained full stability. The model employed for the generation of these volcanics considers the basalts to have been generated in a region undergoing extension, similar to that of a modern back-arc environment, whereas the calc-alkaline sequences, including the granitoids, are broadly comparable with those found in present day continental arc environments.
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An examination of the possible consolidation of African American political power through selective migrationAbramson, Brian Dean 06 August 2002 (has links)
This study examined whether African Americans could consolidate political power through a migration into a specific state or set of states in sufficient numbers to establish a voting majority within that state. In order to examine the feasibility and efficacy of this strategy, a variety of factors were reviewed, including the historical context leading to the current situation; the political benefits to be derived from the control of a state; and the population and migration patterns of African Americans. The results indicated that this strategy could succeed in providing significant substantive and symbolic political benefits to the African American community, but could also have some negative repercussions.
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Francophone regionalism and its impact on west african integrationCamara, Sekou 20 November 2001 (has links)
French-speaking countries in West Africa have a long history of inter-state cooperation that goes to the French colonization of the region. The culmination of their integration resulted in the creation of L'Union Economique et Monétaire Quest Africaine, UEMOA (The West African Economic and Monetary Union). With its financial and monetary arrangements, which include a common currency and a central bank, UEMOA is one of the most far-reaching examples of economic integration among developing countries. UEMOA's main advantage has thus been its "depth."
What makes the study of Francophone regionalism in West Africa even more interesting at this particular time is the fact that it is taking place within the context of a new wave of integration characterized by a trend towards broader regional integration in West Africa. The efforts towards broader integration in West Africa are reflected in the activities of the Economic Community of West African States (ECOWAS).
ECOWAS has been able to engage in integration activities in a broad range of sectors. The existence of the two integration schemes has raised questions regarding the chances for the successful accomplishment of regional integration in West Africa. More specifically, UEMOA has been seen as posing an obstacle to the progress of the larger sub-regional grouping of ECOWAS. In this study, it is argued to the contrary, that UEMOA does not constitute an obstacle to ECOWAS.
The research demonstrates that UEMOA and ECOWAS complement each other in the process of West African integration. The concept of "depth" and "scope" of integration are introduced to illustrate the complementarity between the two West African integration schemes. UEMOA's depth is presented as a necessary complement to ECOWAS' scope. As a result, this analysis demonstrates that Francophone regionalism can indeed make a substantial contribution to West African integration.
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World coffee markets and national coffee parastatals since 1989: a comparative study of Colombia and Cote D'ivoireBoudon, Laura Elizabeth 09 November 2000 (has links)
The International Coffee Agreements (ICA) involved the majority of nations producing and consuming coffee and provided relative economic stability to the coffee sectors of the exporting Third World countries. This study focuses on the serious impact of the 1989 collapse of the ICA on the domestic coffee sectors of Colombia and Cote d'Ivoire. In particular, the dissertation examines the role of the Colombian and Ivoirian coffee parastatals, the Federacion Nacional de Cafeteros de Colombia and the Caisse de Stabilisation et Soutien des Prix des Produits Agricoles, during the crisis and their transformation by it.
The theoretical framework employed in this study is borrowed from the literature on state-society relations. The methodology includes: in-depth analysis of the historical roles of the parastatal agencies in coffee production, state-society relations and economic development in Colombia and Côte d'Ivoire; interviews with parastatal administrators, producers and other knowledgeable informants in both countries; and a comprehensive review of newspaper articles and official statements of coffee policy published in Colombia and Côte d'Ivoire prior to, during, and after the crisis.
The Colombian and Ivoirian coffee sectors and their producers faced serious economic and social problems following the drop in coffee prices. The coffee parastatals in Colombia and Côte d'Ivoire first lost some of their responsibilities following the world coffee crisis. The Caisse was in the end eliminated while FEDECAFE struggled to remain in existence. Along the way, both entities faced protests from disgruntled coffee producers, who organized politically for the first time in their nations' histories. I argue that the outcome for the parastatals depended in part on the conditions of their formation, particularly the level of societal involvement in their creation. I also posit that the country's dependence on foreign aid played a key role in the fate of the parastatals.
This dissertation concludes that developments in the Colombian and Ivoirian coffee sectors have significantly contributed to the creation of the difficult political and economic conditions of both countries today.
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