Who is the American bureaucracy's master in national government? At least three different sets of answers have been proposed. The first answer claims a single master of American bureaucracy, be it the president, Congress, or the courts. The second denies that there is any master over the bureaucracy and claims the existence of bureaucratic autonomy. In the middle of the two theories, there lies multiple masters theory. This dissertation attempts to advocate multiple masters theory by answering such questions as "Is the conception of multiple masters only theoretically conceivable, or is it historically supported?" or "Does the historical record suggest that multiple masters scheme was seriously in play in actual American constitutional dialogue?" To be a master, one should have at least one of the following powers - budget, personnel, information, and regulatory review. This dissertation focuses on one of them - the appointing power. To look at it historically, this dissertation chose four distinct periods of American history. They are the founding era, Jacksonian era, Republican era, and the Carter Administration. These eras were related to the four important civil service reform acts: the two Tenure of Office Acts of 1820 and 1867, Pendleton Act of 1883, and the CSRA of 1978. Congressional debates recorded in Congressional Record were analyzed to find evidences supporting multiple masters perspective. There were evidences that support the significant existence and role of the multiple masters perspective in all the four eras analyzed. Although weakened in the 1978 debate, the multiple masters theory was supported in important congressional debates by leading politicians of the day, providing historical foundation for the theory. The multiple masters perspective provides a need to construct a normative foundation for bureaucrats to adopt, because bureaucrats, in many cases, cannot avoid making decisions on which master to choose and which to ignore at a given time on a given issue. Under the multiple masters scheme, bureaucrats may have to play the role of balance wheel in the constitutional order, using their statutory powers and professional expertise to favor whichever constitutional masters need their help to preserve the purpose of the Constitution itself. / Ph. D.

Interim Measures are viewed as an essential means to protect parties‘ rights in international commercial arbitration disputes. Most Arbitration Laws and Rules have recognised the arbitral tribunal‘s power to grant such measures. The success of this system relies on the court‘s assistance of the tribunal during the process. This relationship between the tribunal and the court is something vague under Egyptian Law, since there are no clear rules addressing the matter. Hence, this research examines the theories that explain the tribunal‘s authority and the relationship with the authority of the court. This study uses a comparative analytical approach in terms of analyzing relevant legal texts to determine the optimal legal approach to the issue. The purpose of the study is to address deficiencies in the Egyptian law – the Code of Civil Procedure and Egyptian Arbitration Law – and compare it with English, Scottish Arbitration Acts and international arbitration systems, laws, and practices. The findings of this research offer several recommendations that could help achieve a successful and smooth arbitration process. This study identifies and explains types of interim measures and explores the international practice of every type. It gives some important recommendations for future development and improvement of the Egyptian law. It also makes general recommendations that would help improve the efficiency of the English and Scottish laws.

The aim of this Field Study is to establish the extent to which Year 12 students understand and appreciate the ACT College System of senior secondary and the information which appears on the ACT Year 12 Certificate. In order to provide the reader with a basis for understanding what happens over the final two years of secondary education in the ACT the author has established the historical context that gave rise to the establishment of the Secondary Colleges in the ACT. This brief history outlines the causes and reasons which led to separation from the NSW state system of education and the decision to develop a different approach to the provision of education for students in Year 11 and 12. To provide an idea of how the system works a description of what makes up the College System is provided. This includes an explanation of how the colleges relate to the high schools, their curriculum, the accreditation of courses, assessment and certification. The role of the ACT Schools Accrediting Agency is explained in the way it underpins the credibility of the system and of how it carries the responsibility for the final generation of the ACT Year 12 Certificate. While this study looks at the system some seven years after it began, earlier evaluations had taken place which examined matters linked with the ACT Year 12 Certificate. In writing this report the author reviews two important assessments of the system, one of the role of the ACT Schools Accrediting Agency and the other concerned with the success of the Colleges as educational institutions from a student viewpoint. The author also attempts to compare the changes which came with the ACT College System with recent developments and current thinking about senior secondary education in other Australian states. The major part of the Field Study was a survey of a sample of Year 12 students at the end of 1983 to establish the extent to which they understood the aspects of the system they had been a part of for two years. The data and findings of this survey are presented. The report concludes with an outline of the most recent changes, developments and reactions which in some way affect the system. At the end of the conclusion, the author presents a list of recommendations aimed at overcoming some of the problems pin-pointed in the report.

John A. Macdonald was not only Canada’s first Prime Minister; he played a significant role in framing much of Canada’s early “Indian policy” including legislation that was incorporated into the Indian Act (1876) which is still in effect today. Despite his central role, in all the voluminous analyses of Macdonald’s life and career, there is no in-depth scholarly study of Macdonald’s Indian policies or how his ideas about Indigenous people or race were formed. In this thesis, I examine Macdonald’s early personal context, how he may have developed his ideas about Indigenous people, the development of his Indigenous policies, and the local contingencies that shaped the rolling out of this legislative framework including the Gradual Civilization Act (1857) and the Gradual Enfranchisement Act (1869). / Graduate

The Income Tax Act 58 of 1962 (“Act”) entitles taxpayers to deduct certain losses and expenses incurred by them from their taxable income if such losses and expenses comply with the requirements of section 11(a) of the Act. One of the requirements of section 11(a) is that, in order to be eligible for a deduction, the losses and expenses must have been “actually incurred” by the taxpayer. The area of tax deductions in our tax law represents the frontline in the continuous and inevitable war between the taxpayer (almost always desperately trying to maximise her deductions) and the revenue authorities (as often times desperately trying to minimise the deductions to which the taxpayer is entitled). The stage on which the various battles which make up this mighty war between citizen and state are fought is the court and the arsenal with which each party comes armed is the Act and, more specifically, the absolute belief of each party in the correctness of their interpretation of the Act, which, each party hopes, will be ably demonstrated by their able (and often extremely expensive) counsel. Such is the determination of the taxpayer and the tax authorities alike that the body of case law relating to this specific area of our law is, especially when one considers that it essentially involves on only one section of the Act, relatively voluminous. The author’s intention is to consider only one of the requirements with which the taxpayer must comply in order to be eligible for a deduction, namely, the requirement that the relevant loss or expenditure must have been “actually incurred” by the taxpayer. Despite the fact that the meaning of the phrase “actually incurred” has been considered extensively by our courts, significant uncertainty still exists as to its exact meaning. The author will deal with three specific contexts in which the meaning of this phrase remains a subject of uncertainty, namely, share-based payments, contingent liabilities and losses and expenses incurred in relation to illegal receipts. The author will begin first by dealing with the interpretation of tax statutes, the author will then, in general terms, consider the general deduction formula after which the author will delve into the meaning of the phrase “actually incurred” in the contexts of each of the transactions mentioned above. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Mercantile Law / unrestricted

Freedom and safety are two ideals that American citizens value greatly; however, the balance between privacy and security determines whether or not both can be achieved in a reasonable manner. Security and privacy are not mutually exclusive; however, they tend to exhibit an inverse correlation with regards to maintaining individual liberties. Security and privacy are highly beneficial, but when one is given too much weight, the other most often suffers. When the United States citizens are given too much privacy through regulations, the citizens risk their well-being by not allowing the government the ability to prevent dangerous activities being done by criminals. Citizens are unable to defend themselves against foreign and domestic threats of terrorism that affect large amounts of people such as bombings in public settings; however, the federal government can help to prevent such attacks in public settings through surveillance of public areas and monitoring of internet and intracellular communications. When the United States federal government is given too much discretion in security powers through legislation, citizens are at risk of losing their civil rights granted in the Bill of Rights and in Supreme Court cases. The United States of America has had a dangerous imbalance of power in favor of national security since the adoption of the USA PATRIOT Act in 2001, and the imbalance has continued to the present even after the passage of the USA FREEDOM Act in 2015. This thesis will be a comparative analysis of the USA PATRIOT Act of 2001 to the USA FREEDOM Act of 2015. This thesis will show what specific powers are granted through provisions of the acts, whether or not the provisions are unconstitutional, how the privacy and security of American citizens will change due to the provisions in the USA FREEDOM Act, and suggestions for how the United States federal government can continue to tilt the balance between security and liberty to ensure more protection for civil liberties and a decrease in national security powers. The suggestions will include three options for gaining the protection of civil liberties and the elimination of certain national security powers and the options are through Supreme Court cases on national security laws pertaining to individual cases or states, Congress passing concurring minor bills with the proposed plan to fully repeal granted national security powers without disturbing congressional alliances on other measures, and Congress passing a single act called the State Surveillance Repeal Act in order to fully repeal the USA PATRIOT Act provisions that would still be in effect after the passage of the USA FREEDOM Act.

[I examensarbetet ingår utställningen "SET / Catalog Tactics, A Tactic's Cat Log, A Cat's Tact Logic"]: Material/Teknik: Rum och text.

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Thesis (MTh)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: This thesis relates Christian ethics to the presence of the kingdom of God in Jesus’ sayings and to its real meaning and application by reconsidering the religious language of the kingdom of God from the perspective of the Speech Act Theory (SAT). In SAT, the Christian ethical approach to the presence of the kingdom in Jesus’ sayings is not only aimed at reconstructing meanings of the ethics of the kingdom in the form of a propositional morality theme. It also aims at reconstructing the Christian life as the performance of the ethics of the kingdom in daily life, that is, in terms of the presence of God’s kingdom in Jesus’ utterances and its witness. Christians do not merely assert certain facts about God’s sovereignty or God’s kingdom; they address God in the act of committing themselves to God’s kingdom and applying their minds to its righteousness. Since Christian ethics depends on the message of the kingdom proclaimed by Jesus, the essence of interpretation in Christian ethics is therefore to recognize the illocutionary act in the Bible. In SAT, only illocution is able to determine meaning and to act. It also creates the perlocutionary act as an appropriate response in the believer such as trust or obedience. The living Triune God is still speaking to us through Scripture – not in past stories but in the present in order to fulfil God’s will and God’s kingdom. This indicates that Jesus’ preaching about the kingdom of God focuses on what we should do or how we should live as Christians. The Bible is not supposed to be interpreted only in an academic context but should also be performed by the people of God. Consequently, the Christian community should try to discover the momentum and function of the text in order to build up the people of God to live in the world and to participate in the activities of the kingdom of God, not as spectators but as active participants in the present world. It also tells us who God is, and how we ought to live in relation to that God. Christian communities are called to institute policies that alter the settings in which the interpretation of Scripture takes place. In this way, Christian ethics can map out a new moral sensibility and specific directions through the presence of the kingdom of God in the light of SAT. / AFRIKAANSE OPSOMMING: Hierdie tesis vergelyk Christelike etiek met die teenwoordigheid van die koninkryk van God in Jesus se uitsprake en die ware betekenis en toepassing daarvan deur die heroorweging van die godsdienstige taal van die koninkryk van God vanuit die perspektief van Spraak Daad Teorie (“Speech Act Theory (SAT)”). Volgens SAT is die Christelike etiese benadering tot die teenwoordigheid van die koninkryk in Jesus se uitsprake nie net daarop gemik om die betekenisse van koninkryk-etiek te rekonstrueer in die vorm van ʼn proposionele moraliteit-tema nie. Die doel is ook die rekonstruksie van die Christelike lewe as die uitvoering van koninkryk-etiek in die alledaagse lewe, dit wil sê in terme van die teenwoordigheid van die koninkryk van God in Jesus se uitsprake en getuienis. Christene stel nie bloot bepaalde feite oor God se heerskappy of God se koninkryk nie; hulle spreek God aan in die daad van hulself toewy aan die koninkryk van God en hul gedagtes rig op die regverdigheid van dié koninkryk. Aangesien Christelike etiek berus op die koninkryk-boodskap wat Jesus verkondig het, is die essensie van interpretasie in Christelike etiek dus die erkenning van die illokusionele daad in die Bybel. Met SAT kan illokusie bepaal en ook optree beteken. Dit skep ook die perlokusionêre daad as ʼn toepaslike reaksie deur gelowiges, soos vertroue of gehoorsaamheid. Die lewende Drie-enige God spreek steeds deur die Skrif – nie deur stories in die verlede nie, maar in die hede, om God se wil te vervul en God se koninkryk te laat kom. Dit dui aan dat Jesus se prediking oor die koninkryk van God fokus op wat ons behoort te doen of hoe ons as Christene behoort te leef. Die Bybel is nie veronderstel om net in ʼn akademiese konteks geïnterpreteer te word nie, maar moet ook deur God se mense uitgevoer word. Gevolglik behoort die Christelike gemeenskap te probeer om die momentum en funksie van die teks te ontdek, met die oog daarop om God se mense op te bou om in die wêreld te leef en aan die aktiwiteite van die koninkryk van God deel te neem – nie as toeskouers nie, maar as aktiewe deelnemers in die wêreld vandag. Dit vertel ons ook wie God is, en hoe ons behoort te leef in verhouding tot dié God. Christelike gemeenskappe word geroep om beleide in te stel wat die stellings verander waarbinne Skrifinterpretasie plaasvind. Op hierdie wyse kan Christelike etiek ʼn nuwe morele aanvoeling en spesifieke aanwysings deur die teenwoordigheid van die koninkryk van God in die lig van SAT karteer.

During the Iraq and Afghanistan wars the U.S. government has relied heavily on military contracting companies and their employees to carry out military missions in Middle East. Since 2001, high salaries and the call to serve the country have persuaded many people to take the risk of working in war zones. Yet the many individuals who have been injured while performing such duties now find themselves caught between their insurance companies and the U.S. Department of Labor, as they fight for the workers’ compensation and healthcare coverage they were promised. / text