Made available in DSpace on 2016-04-26T20:22:52Z (GMT). No. of bitstreams: 1 Guilherme Peloso Araujo.pdf: 1236869 bytes, checksum: 8be4648c4fb0ebd476b993dd9ca1f386 (MD5) Previous issue date: 2014-06-09 / The purpose of this paper is to study the provisions set forth in article 149 of the 1988 Federal Constitution, which grants competence to the Federal Government to institute contributions on economic activities that share common interest in the fields of occupational or economic categories, as well as those socially-driven. In order to learn the extent of that competence, this study will address the basic features of the federative principle and its relations with the allocation of taxation proceeds among the Federal Government, States and Municipalities, as well as with the institution of contributions set out in each of the Brazilian Federal Constitutions that have been promulgated up to the one enacted in 1988. Based on the 1988 constitutional text some incongruities will be examined, such as those found between the stringency observed in how competence is distributed for taxation purposes and how article 149 of the 1988 Federal Constitution is construed, especially in relation to the non-mandatory requirement regarding how the proceeds collected should be shared, and the disrespect to a great number of rules that restrict the competence in introducing taxes. Accordingly, based on the federative principle provisions, this paper will present limits on exercising competence in levying contributions. Its constitutional archetype will be designed with one main characteristic, i.e., how to choose a triggering event attached to a specific action of the State, which will ultimately represent the occurrence of a taxable event. In light of the occurrence of any such taxable event, this paper will determine how taxpayers will be chosen, as well as how the respective tax base and tax rate will be imposed / O objeto de estudo deste trabalho é o conteúdo do art. 149 da Constituição Federal de 1988, que outorga competência à União para instituir contribuições, como instrumento para a sua intervenção no domínio econômico, em favor de categorias profissionais ou econômicas e em favor de finalidades sociais. Para conhecer os limites dessa competência, são estudadas as características básicas do princípio federativo e as suas relações com a repartição de rendas entre os entes federados e com a criação de contribuições, em cada uma das Constituições Federais brasileiras até a de 1988. Considerando o texto constitucional de 1988, são demonstradas algumas incongruências entre a rigidez da repartição de competências para a tributação e o conteúdo interpretativo atribuído ao art. 149, especialmente no que se refere à não necessidade de repartição do produto da sua arrecadação e ao desrespeito a uma grande quantidade de regras que limitam o exercício da competência para a criação de impostos. Nesse contexto, com fundamento no conteúdo do princípio federativo são apresentados limites para o exercício da competência para a criação de contribuições, construindo-se o seu arquétipo constitucional, que tem como principal característica a escolha de um fato vinculado a uma atuação estatal específica para ocupar a posição de aspecto material da hipótese de incidência deste tributo. Partindo-se, então, desse aspecto material, são determinadas as formas pelas quais os seus contribuintes serão escolhidos e a base de cálculo e alíquota que serão determinadas

The courts in Canada have often been cast, by both courts and legal scholars, as 'umpires' or 'arbiters' of the federal-provincial division of powers - umpires or arbiters that have the exclusive, or at least decisive, authority to clarify and enforce, and resolve disputes about, 'who does what' in the federal system. However, the image conveyed by these metaphors underestimates the role that the federal and provincial political branches play in the federal system, by working out their own solutions, in the intergovernmental arena, both directly and indirectly, where questions and disputes arise about how jurisdiction is and should be allocated. The image conveyed by the umpire or arbiter metaphors also sits uncomfortably with the facilitative role that the Supreme Court of Canada has carved out for itself in its recent division of powers decisions, a role that casts the courts as facilitators of these instances of intergovernmental dialogue. This doctoral dissertation challenges, and moves beyond, the umpire and arbiter metaphors. It examines the political safeguards available to the provinces in Canada to prevent, or limit, perceived federal encroachments on provincial jurisdiction, in the process highlighting the role that the political branches play in Canada in working out their own allocations of jurisdiction, outside of the courts. It describes, and critically evaluates, the facilitative role carved out by the Court in its recent division of powers decisions, identifying various reasons to be skeptical of a facilitative role that casts the courts as facilitators of intergovernmental dialogue. Finally, and with an eye to future research, it briefly outlines an alternative facilitative role that focuses on facilitating deliberation about the division of powers implications of particular initiatives, arguing that it would be premature to dismiss facilitative approaches to judicial review altogether.

In 1974 the Australian Government decided that from 1975 all education on its Territory of Christmas Island, Indian Ocean, would be integrated into a single service. It further decided that all schools would be staffed by Australian teachers from its recent1y established Commonwealth Teaching Service and would implement a curriculum closely reflecting those on the Australian mainland. These were decisive shifts from the previous system of separating the 'Asian' education system from the 'European' (Australian) system. This thesis sets out to find the reasons for these decisions and the expectations, or objectives, of those who made them. The changes to education had many Impacts on the Christmas Island community - both intended or unintended. These impacts are used to assist in evaluations of the policy objectives. The thesis uses the methodology of public policy analysis to examine the links between the government's education policy and its other broader policies regarding the Island. It thus examines operational decisions in the context of strategic considerations. The mid 1970s saw rapid changes in many Australian Government policies. Its new Christmas Island policies were responses to a range of complex, interrelated problems which emerged in the early 1970s - only 15 years after it assumed sovereignty. At the centre of these policy responses was Resettlement. The government's education decisions are examined in the light of the objectives and implications of its Resettlement policy as well as other inputs to the policy problem.

The contemporary era is witnessing a systemic transition in the Canadian science and research paradigm. The research world is shrinking rapidly in response to modern technological developments, commercial and regulatory integration, faster communications and transportation and proactive science, technology and innovation policy. It is increasingly challenging to make competitive progress in world-class innovation or to gain global leadership in science. Big-science is now proposed as one of the means to realize national innovation goals and international competitiveness. As a result, government support for large-scale innovation projects has increased multifold. This dissertation examines a range of hypotheses large-scale research projects enhance investigator exchanges and generate social capital that has significant downstream benefits, which would provide a reason to support big science beyond the instrumental goals of the projects themselves. Taking Genome Canada as an example, this dissertation examines the production and role of social capital generated through large-scale research projects to assess the evidence base for funding big science research. A group of 139 investigators who raised capital in the Genome Canada Applied Bioproducts and Crops (ABC) Competition in 2009 are examined in the context of their engagements and networks in 2000-2009 in four relational arenas, namely their area of expertise, institutional connections, research grants, and co-publications. The investigation reveals three main findings. First, large-scale innovation projects as delivered through Genome Canada, comply with the fundamentals of contemporary innovation network theory. Second, the ties amongst investigators generate social capital, which offers positional advantage and differential superior access to networked resources. Third, the social capital generated in actor relations has pronounced long term impacts on downstream research success. Inter-disciplinary and cross-institutional large-scale research projects that have strong elements of knowledge production and financial exchange are found to assist the federal government in advancing research and innovation objectives. The results of the current investigation provide a strong rationale for the integration of people, disciplines, and institutions under the umbrella of large-scale genomics and proteomics research, and possible lessons for other research fields.

This paper examines the Net neutrality, or argument that the Internet should remain and open and equal platform, debate in the United States up to November 2010. After critically examining the past regulatory and legislative efforts, the feasibility of alternate solutions invested in protecting citizens' interests is examined.

Thesis (Ph. D.)--Virginia Polytechnic Institute and State University, 2001. / Title from PDF t.p. (viewed on Jan. 31, 2007). Vita. Abstract. Includes bibliographical references (p. 74-85).

Language has become a central feature of the debate surrounding Canadian identity. The Canadian project is an example of a state struggling to find a means of accommodating linguistic difference. This struggle is epitomized by the language legislation in Quebec as well as by federal bilingualism. Language legislation is ultimately aimed at promoting and protecting identity. An examination of language legislation as promoted by Quebec and the federal government reveals a different orientation toward the concept of equality. Language policy thus presents both a vision of community and a political argument. Federal language policy promotes a vision of Canada in which English and French are juridically equal. Politically, this vision of community denies Quebec is distinct. Quebec's language policy, on the other hand, asserts the importance of protecting Quebecois culture against the majoritarian impulses of a larger Canadian identity. As a result, Quebec's language legislation incorporates Quebec's different position in Canada into a definition of equality. Recognition that Quebec has a right to protect its language is tantamount to an acknowledgement that Quebec is a distinct society in Canada. The language debate thus embodies competing visions of equality that relate to a specific identity. The national unity issue plaguing Canada cannot be resolved through a commitment to equality as similar treatment. The problem of language planning, in Canada, revolves around finding a way to acknowledge and promote the local aspirations of the Quebecois, without creating an inequitable language environment for the English linguistic minority in Quebec.

The ending of apartheid and the transformation process in South Africa, the transition to democracy brought with them fundamental changes to the form and function of the State. In particular, they bring a restructuring of co-operative governance and intergovernmental relations. The responsibilities, functions and powers of the three spheres of government (national, provincial and local) were changed and streamlined as stated in the Constitution of the Republic of South Africa Act, 108 of 1996. The system of intergovernmental relations delineated in the Constitution differs significantly from that of the previous dispensation, particularly in its ambitions to advance democracy and to improve service delivery to all South Africans. Of particular significance is the respect in the fact that instead of the inherently conflicting intergovernmental relations that characterises most modern states, the Constitution actively promotes co-operation between different levels of government. The Intergovernmental Relations Framework Act, 13 of 2005 was promulgated on 15 August 2005. The Act provides for an institutional framework for the three spheres of government to facilitate coherent government, effective provision of services, monitoring the implementation of policy and legislation, and realisation of developmental goals of government as a whole. All spheres of government must provide effective, efficient, transparent, accountable and coherent government in order to ensure the progressive realisation of constitutional rights. One of the most pervasive challenges facing the country as a developmental state is the need for government to redress poverty, underdevelopment, marginalisation of people and communities and other legacies of apartheid and discrimination. This challenge can only be addressed through a concerted effort by government in all spheres to work together and integrate as far as possible their actions in the provision of service, alleviation of poverty and development of the communities. Co-operation and integration of actions in government depends on a stable and effective system of intergovernmental relations, one in which each of the spheres respect the relative autonomy of the other whilst appreciating the interrelatedness and interdependence of the three spheres. The study elaborated on the research as well as the research problem. In so doing, it further looked at the historical overview of the transition to a democratic South Africa which brought a significant change in the reconfiguration of the state. The studies further deals with a critique of co-operative governance and intergovernmental relations in the Eastern Cape and discuss the perspective on service delivery. In order to critically evaluate the notion of co-operative governance and intergovernmental relations in South Africa with specific reference to Eastern Cape, the study recommended that intergovernmental planning and budgeting, management of change, support and capacity building, communication and stakeholder engagement and institutional arrangement interventions be embarked upon. / Thesis (MBA)-University of KwaZulu-Natal, Durban, 2012.

Thesis (Ph.D.)--Public Policy, Georgia Institute of Technology, 2008. / Committee Chair: Willoughby, Katherine; Committee Member: Eger, Robert; Committee Member: Kingsley, Gordon; Committee Member: Sjoquist, David; Committee Member: Wallace, Sally.

abstract: Interviews of nine managers within the U.S. Department of Labor's Wage and Hour Division's Western Region were conducted by a researcher who also works as a Wage and Hour Investigator. The intention of this research was to survey the differences in trafficking-related training and experience throughout the region, to examine the role of the Wage and Hour Division in human trafficking casework, and to explore potential areas for growth. This thesis recommends that upper level agency management produces standards for training, interagency engagement, and procedures and also provides suggestions for best practices and effective enforcement. / Dissertation/Thesis / M.A. Social Justice and Human Rights 2011