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Up until the 19th century, religion was used as a way of legitimizing slavery in America. With the rise of the civil rights movement religion seems to have played a quite different role. This essay aims to explore the role of religion in the ideologies of Martin Luther King, Jr. and Malcolm X. The speeches, writings and actions of these two men have been analysed in hope that the result will contribute to the larger study of American civil rights history. This essay proposes that both Martin Luther King, Jr. and Malcolm X infused their political message with religious ideas and that they leaned on religion for support and inspiration. By analysing the discourse headed by King and X it becomes clear that in direct contrast to how religion was used during slavery, religion was used as a way of legitimizing equality (and in some cases black superiority) between races during the civil rights movement.

On December 15, 1999, the people of Venezuela approved a new Constitution, which is the first Venezuelan constitution to entrench the rights of indigenous peoples. The purpose of this thesis is to analyze the different theoretical issues raised by the problem of rights for indigenous peoples. It is argued that indigenous rights are collective rights based on the value of cultural membership. This implies both an investigation of the value of cultural membership and of the criticisms that the multicultural perspective has offered against that point of view. / Indigenous peoples have the moral right to preserve their cultures and traditions. It is submitted that indigenous peoples have a double moral standing to claim differential treatment based on cultural membership, because they constitute cultural minorities and they were conquered and did not lend their free acceptance to the new regime imposed upon them. Therefore, they constitute a national minority, with moral standing to claim self-government and cultural rights.

This study explores the political impact of the Canadian Charter of Rights and Freedoms on the Supreme Court of Canada. This influence is contrasted with the judiciary's historic reluctance to recognize civil liberties, commencing with the position taken by the Judicial Committee of the Privy Council and the cautious reaction of the Supreme Court to the Diefenbaker Bill of Rights. / The treatment of civil liberties under the Charter is considered through a survey of some of the Charter cases addressed by the Supreme Court of Canada. The political consequences of the Court's decisions are examined. Alternative possibilities for the Court's role in Canadian society are considered, including the prospects for entrenchment under the Meech Lake Accord and other recently proposed reforms. / The criticism that too much power is being vested in the "least democratic branch" is addressed and the suggestion that the Charter should be located in the "communitarian tradition of Canadian politics" is appraised. This study reflects upon the theoretical assumptions which underlie the existence of the Charter, as it evaluates the political theory behind differing conceptions of judicial interpretation. This thesis concludes by determining that the Supreme Court has made a positive political contribution to Canadian society.

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During the fall of 1924, the British Columbia Legislature debated a bill that proposed banning the employment of white women and Asian men as servants in the same household. Although this piece of legislation (publicly known as the "Janet Smith Bill") never passed into law, it offers great insight into the racial and nationalist ideas that were dominant in 1920's British Columbia. Drawing on postmodern theories of 'discourse' and 'knowledge,' I have located the Janet Smith Bill within larger intellectual and political structures to understand what the bill's goal of "protecting white women" means. My thesis identifies two primary meanings of this bill. First, the Janet Smith Bill is meant to prevent the production of Eurasian children in British Columbia by keeping Asian men and young white women physically apart. Scientific "knowledge" dictated that such offspring would only produce social chaos in the country. The second primary meaning of the bill is based on the nationalist drive to keep British Columbia "white" by increasing the white birthrate. Moral reformers and politicians feared that young white women would become drug addicts through close association with 'Orientals,' consequently forsaking their duty as "mothers of the race." Protecting white women, according to this discourse, meant protecting their ability and opportunity to produce healthy white babies. The Janet Smith Bill, therefore, was meant to produce and reproduce a "white British Columbia."

This thesis is concerned with those 'social' rights that relate to the provision of the basic necessities of life; that is the right to an adequate standard of living (including food, clothing and shelter), the right to health and the right to education. The International Covenant on Economic, Social and Cultural rights (ICESCR) recognises obligations pertaining to the progressive realisation of these rights, whilst leaving the method of implementation within domestic discretion. The Canadian Charter of Rights and Freedoms only accords domestic constitutional protection to civil rights, leaving the implementation of these social rights within government discretion. This study will examine what has, in the Canadian experience, proven to be the practical consequences of adopting such a policy of 'selective constitutionalisation,' that puts social rights by definition outside the ambit of legal enforcement. Firstly, it will examine the court's approach to cases that have, in the absence of constitutionalised social rights, attempted to indirectly invoke social rights by encouraging a positive social interpretation of the right to equality and the right to life, liberty and security of the person, and will illustrate that the courts have failed to interpret these rights so as to indirectly protect social rights. Secondly, it will consider the relationship between legal, political and social discourse, illustrating that, in light of the non- constitutionalised status of social rights, the values underlying these rights have been marginalised in political and social discourse, facilitating reforms that have restructured and eroded the welfare state, reducing the realisation of social rights within Canada. Thirdly, it will consider the practicability of adopting the alternative approach of according equal constitutional protection and justiciable status to social rights, through an examination of the theoretical literature and the approach taken to social rights under the Final Constitution of the Republic of South Africa 1996. It will illustrate that the philosophical arguments that have been utilised to support the nonconstitutionalised status of social rights are no longer sustainable and that the constitutional experience of South Africa provides evidence that a practical alternative to the position adopted in Canada exists.

Šiuolaikinėje teisėje hipoteka apibūdinama, kaip esamo ar būsimo skolinio įsipareigojimo įvykdymą užtikrinantis nekilnojamojo daikto įkeitimas, kai įkeisto daikto savininkui paliekama nuosavybės teisė. Vienas iš specifinių hipotekos skirtumų nuo kitų prievolių įvykdymo užtikrinimo būdų yra tai, kad hipotekos objektu gali būti tik nekilnojamieji daiktai. Daiktai, esantys savarankiškais civilinių teisinių santykių objektais ir dalyvaujantys civilinėje apyvartoje. Pagal įstatymą, įmonė taip pat yra pripažįstama civilinių teisinių santykių objektu. Ji yra laikoma nekilnojamuoju daiktu. Vadinasi galime preziumuoti, kad skolininkas norėdamas užtikrinti savo prievolės įvykdymą, galėtų tai padaryti, įkeisdamas jam priklausančią įmonę. Tačiau ar teisė „leidžia“ tą daryti? Ar įmonė gali būti hipotekos objektu? Į šiuos svarbius ir aktualius klausimus, remiantis Lietuvos bei kitų valstybių „įmonės“ sąvoką reglamentuojančiomis teisės normomis, teisinėje literatūroje išdėstytomis mokslininkų nuomonėmis bei taikoma teisine praktika bandyta atsakyti šiame darbe. / In modern time law a mortgage is defined as an existing and prospective note of obligatory performance warranted by mortgaging of an immovable asset, when an owner of the mortgaged asset keeps ownership to it. One of the specific distinctions of the mortgage from the other patterns of the obligations is that the object of the mortgage can be only immovable assets that are separate objects of civil rights and freely participates in civil circulation. In conformity with legal acts of Lithuania an enterprise as well is admitted as the subject of civil rights. It is considered as immovable asset. Thus we can presume, that the debtor wished to secure the performance of his obligation, could successfully do that, mortgaging the enterprise as his possession. However is that so is tolerated by the law? Whether enterprise can be treated as the object of the mortgage? This is the legal issue pending in this research work.

This thesis asks the following fundamental question: to what extent can economic and social rights be made effective through law? Because this question touches at once upon the effectiveness of these rights and on their status as norms of positive law, attempting to answer it requires first, an openness to other disciplines, and subsequently, to the question of the respect and control of these norms, namely that of sanction. From the outset, a preliminary and multidisciplinary analysis of the issue of contemporary poverty hints at an undeniable deviation with "pure legal theory". Moreover, economic and social rights are becoming more and more tangible in national legislation and more frequently invoked before the court (who is turn are showing a growing openness). 'Hard law' does have a place in this implementation, notably a symbolic one. Thus, the first part is dedicated to the determination of the role of 'hard law' as well as to the relevance of judicial activism. Given the limitations of 'hard law', the second part examines the issue of alternate courses of State action as opposed to any other demands for rights. Two forms of 'soft' and 'reflexive' law will then be examined in the interest of rendering economic and social rights effective: respectively from within the State, and from outside its framework. First, strategic planning (accompanied by outcome-based management) may serve to coordinate the State apparatus in the struggle against poverty. In what concerns the role of law at a societal level and in the context of a complex society, societal guidance will be preferred to impose strategic planning. In this way, it will be possible to shed light on other forms of sanction, which may be complimentary to legal ones. Finally, it is necessary to establish certain control and follow-up mechanisms of this category of rights, more relevant and innovative in order to garner a greater effectiveness of economic and social rights.

My dissertation discusses refugee rights and post-repatriation integration in South Asia in the context of debates over "citizenship." Postcolonial state-formation processes in South Asia have profoundly shaped questions of belonging and membership. As a result, official citizenship has become an important marker of group inclusion and exclusion in South Asian states. Using the literature on citizenship, I discuss the "belonging" claims of non-citizens (refugees) and argue that in practice this "belonging" extends beyond the state-centric "citizenship" view of membership. In doing so, I address two sets of interrelated questions: what factors determine whether or not refugees will be repatriated in South Asia, and why do some repatriated groups re-integrate more successfully than others in "post-peace" South Asian states? I answer these questions through a study of refugees from Sri Lanka and Bangladesh who sought asylum in India and were later repatriated to their countries of origin. The politics of postcolonial state-formation and subsequent discriminatory policies on language in Sri Lanka and non-recognition of the Jumma people in Bangladesh encouraged many citizens to flee to India as refugees. I argue, first, that India's state-centric politics of non-recognition of the two refugee groups contributed to their later repatriation. In the absence of rights and status in exile, refugees turned to "home" as a place to belong. I then analyze the post-repatriation variations in accommodation in Sri Lanka and Bangladesh as most refugees attempted to reclaim the lost identity and "citizenship" at "home" through the process of repatriation. However these countries pursued strategies of limited accommodation, which led to the minimal or partial re-integration of the two returnee-refugee groups.