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Thesis (Th. M.)--Dallas Theological Seminary, 1985. / Includes bibliographical references (leaves [92]-100).

This thesis concerns the theoretical issues that arise in the application of the constitutional model known as the plurinational state, developed through the experience of such Western liberal democratic states as Canada, Spain and the United Kingdom, to non-Western contexts of national pluralism through the case study of Sri Lanka. There are two closely intertwined and complementary objectives to the thesis. Firstly, to provide a fresh analytical and prescriptive framework of understanding and potential solutions to the constitutionally unresolved problem of national pluralism in Sri Lanka that has so far only generated protracted conflict. Secondly and more importantly, to contribute in more general terms to the theoretical literature on plurinational constitutionalism by way of the comparative insights generated through applying the model to an empirical context that is fundamentally different in a number of ways to that from which it originally emerged. In this latter, comparative, exercise, there are three key empirical grounds of difference that are identified in the thesis. Firstly, the difference between the sociological character of nationalisms in the two contexts, defined at the most basic level by the civic-ethnic dichotomy; secondly, the different meanings of democratic modernity in the present, determined by colonial modernity and post-colonial ethnocracy; and thirdly, the differences in the substantive content of democracy as between liberal and nonliberal democracies. The thesis argues that the plurinational state may be adapted to have a role and relevance beyond Western conditions, by addressing the theoretical issues that arise from these divergences. In doing so, it seeks to demonstrate that ethnic forms of nationalism are not necessarily inconsistent with the plurinational logic of accommodation; that an exploration of pre-colonial history reveals indigenous forms of the state that are more consistent with plurinational ideals than the classical modernist Westphalian nation-state introduced by nineteenth century colonialism; and that plurinational constitutions may be based on a broader conception of democracy than political liberalism. Building on these discussions, the principal normative contribution of the thesis is the development of a constitutional theory for the accommodation of national pluralism that is based on the norm of asymmetry, as distinct from equality, between multiple nations within the territorial and historical space of the state.

The primary objective of this work is to develop the (rationalist) thesis of integrity or the integral view in the realm of legal-political thought. This view consists in the elaboration of the essential-conceptual interdependency of law, the political authority (i.e. the state) and the universal moral standpoint of justice (i.e. the standpoint encapsulated by the idea of human rights in our age) in a way avoiding the shortfalls of legal-moralism illustrated by the natural-law-theories. The rationalist thesis of integrity suggests that the elements within the complex nexus of the law, the state, and justice can neither be divorced from nor be assimilated into each other. This evidently refutes the (positivist) thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity equally opposes the theses of assimilation whereby either law and political authority are assimilated into morality (&ldquo / the moralist-naivety&rdquo / ) or law and justice are assimilated into brute political force (&ldquo / the realist-cynicism&rdquo / ). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is strived to be deduced from a comparative critical-examination of three legal-political theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen&rsquo / s Pure-Theory-of-Law representing the positivist approach, Carl Schmitt&rsquo / s Concrete-Order-Thinking representing the realist approach, and Otfried H&ouml / ffe&rsquo / s Ethical-Philosophy-of-Law-and-the-State representing the rationalist approach.

Many democratic countries in Europe seek to form a law-governed state. In Lithuania this model is formulated as the long term and strategic ideal of the State’s development, which we find in the preamble of 1992 Constitution of the Republic of Lithuania. Law-governed state is responsible for realization of the rights and freedom of all the citizens, it has to ensure the separation of powers in the State, the legality of actions of the authority and all the public and private organizations and the supremacy of Constitution. At the end of XXth century researchers noticed, that various branches of national law also practice of using of legal norms and even science of law, undergoes bigger and bigger influence of Constitution and its values. Constitution penetrates deeper and deeper into the whole legal life. Constitutional fixing of the main personal rights and freedoms, direct implementation of Constitution, appearance of the institutions of the constitutional control and their active proceeding, possibility to defend one’s rights using Constitution, makes the main law of the country the real centre of life. Today the national law is looked at through the prism of constitutionality. Constitutional principle of the law-governed state is one of the most important principles of our Constitution. It has all the elements of the law-governed state. Besides, this principle means, that this kind of development of State is legalized by the highest law in Lithuania – the Constitution... [to full text]

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.

One of the key issues surrounding the orbit of human rights today is focused on the relative historical retrogression expressed in constant violations that are submitted and consequently the process of trivialization of human life. What drives us, inevitably, to seek solutions for the improvement of that company as if it were possible to democratize the social relations of production alone are inhuman in nature. In this context, it is necessary to seek dialectically explanations for this phenomenon from its historical genesis demystifying its real essence not in indulging in arbitrary web regard them as a given reality without any link with the social determinants and consequently relations social established among men. The analysis of its foundations will allow us to understand their ontological impossibility of reducing social inequalities, as well as its functionality in class society, for there is a constant contradiction between its purely formal aspect expressed in its legal-political dimension and their objective effectiveness in social reality, this discrepancy which constitutes a growing trend coming this society governed by the capital. / Conselho Nacional de Desenvolvimento Científico e Tecnológico / Uma das problemáticas mais relevantes que circunda a órbita dos direitos humanos em nossos dias está voltada para o relativo retrocesso histórico expresso nas constantes violações em que são submetidos e consequentemente no processo de banalização da vida humana. O que nos impele, inevitavelmente, a buscar soluções com vistas ao aperfeiçoamento dessa sociedade como se fosse possível democratizar as relações sociais de produção que por si só são desumanas por natureza. Nesse contexto, faz-se necessário buscarmos dialeticamente explicações para esse fenômeno a partir de sua gênese histórica desmistificando sua real essência para não nos enveredarmos na teia arbitrária de considerá-los como algo dado da realidade sem nenhum nexo com as determinações sociais e consequentemente das relações sociais estabelecidas entre os homens. A análise de seus fundamentos nos permitirá compreender a sua impossibilidade ontológica de reduzir as desigualdades sociais, bem como a sua funcionalidade na sociedade de classes, pois há uma constante contradição entre seu aspecto puramente formal expresso em sua dimensão jurídico-política e sua efetividade objetiva na realidade social, discrepância essa que se constitui numa tendência crescente oriunda dessa sociedade regida pelo capital.

Made available in DSpace on 2014-08-20T13:48:18Z (GMT). No. of bitstreams: 1 Ana_Luiza_Berg_Barcellos.pdf: 1481171 bytes, checksum: 131fd66ef86deac94d59950a95d83bc1 (MD5) Previous issue date: 2007-07-20 / The work concerns the relations between Social Movements, Education, and the Liberal Lawbased State. It aims to analyze the influences of the Liberal State s logic upon the accomplishment of the educative role of social movements. In order to reach this objective, a case study research has been conducted about the Association of Higher Education Professors - National Labor Union (Andes-SN) and the actions implemented as an attempt to avoid or to attenuate the effects of the Social Welfare Reform proposed in 2003. Based on that, both the results of their practices, especially the educational role of their actions, and the way how the Liberal State s logic acts upon these issues are analyzed. To achieve the goals proposed, a research was conducted about the concept of social movements, presenting reasons that enable us to see labor unions as social movements, and therefore to identify Andes-SN under this category. The Liberal Law-based State is also studied, highlighting the relations between norms, the parliament and legitimacy, taking Carl Schmitt and other authors as references. Besides that, the content of the Social Welfare Reform of 2003, as well as the actions carried out by Andes-SN are reported. In light of the elements studied, and taking into account the purpose of the present research, it is possible to conclude that the Liberal Law-based State, especially because of the eminent position occupied by legality in its logic, influences the social movements, not only in what concerns to the actions chosen to perform in situations related to the interests of the groups they represent, but also concerning their educational outcomes. / O trabalho versa sobre as relações entre os Movimentos Sociais, a Educação e o Estado Liberal de Direito. Visa analisar as influências da lógica do Estado Liberal sobre o desempenho do caráter educativo dos movimentos sociais. Para o alcance de tal objetivo utiliza-se de um estudo de caso: a atuação do ANDES-SN (Associação dos Docentes do Ensino Superior-Sindicato Nacional) e as ações implementadas na tentativa de impedir, ou atenuar, os efeitos da proposta de Reforma da Previdência Social de 2003. Analisa-se, a partir disso, quais os resultados de suas práticas, em especial, o caráter educativo de suas ações e como a lógica do Estado Liberal atua sobre tais questões. A fim de propiciar o alcance dos objetivos propostos, pesquisa-se acerca do conceito de movimento social, apresentando-se argumentos que permitem situar os sindicatos enquanto movimentos sociais, e, desta forma, enquadrar-se o ANDES-SN nessa categoria. Ademais, estuda-se o Estado Liberal de Direito, destacando-se as relações entre as normas, o parlamento e a legitimidade, utilizando-se, como referência, Carl Schmitt e outros autores. Além disso, demonstra-se o conteúdo da Reforma da Previdência Social de 2003 e as ações implementadas pelo ANDES-SN. À luz de todos os elementos pesquisados e considerando o objetivo a que se propôs o presente estudo, concluise que o Estado Liberal de Direito, principalmente pela posição de destaque ocupada pela legalidade em sua lógica, influencia os movimentos sociais tanto em relação às ações escolhidas diante de situações relativas aos interesses da categoria que representam, como em relação ao seu resultado educativo.