The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.

The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.

Depuis l’arrivée de la psychologie dans les universités québécoises en 1872, la psychologie n’a cessé d’évoluer. Alors qu’autrefois aucune loi ne régissait la pratique de la psychothérapie et l’usage du titre de psychothérapeute, le gouvernement du Québec a adopté en 2009, le projet de loi 21. Ce mémoire retrace l’histoire de la psychologie au Québec ainsi que l’histoire de l’Ordre des psychologues du Québec en portant une attention particulière aux changements légaux concernant la règlementation de la pratique de la psychothérapie et l’usage de titres réservés. Afin de dresser un portrait de la psychothérapie au Québec deux ans après l’adoption de la Loi 28 (mieux connue sous le nom de projet de loi 21), trois banques de données de l’Ordre des psychologues ont été utilisées ( 1) «Membres», 2) «Psychothérapeutes» et 3) «Signalement psychothérapie»). De ces trois banques de données, deux sont construites à partir de formulaires remplis par les psychologues et psychothérapeutes. Des 8509 psychologues, 870 psychothérapeutes, et 524 dossiers de pratique illégale (usurpation de titres professionnels et/ou pratique illégale de la psychothérapie) inclus dans l’étude, des différences statistiquement significatives ont été remarquées pour ce qui est du sexe, de l’âge et de la langue maternelle. Toutefois, l’effet de taille était petit. Les différences les plus importantes étaient observables au niveau de la scolarité et de l’exercice de la psychothérapie. Les dispositions de la Loi modifiant le Code des professions et d’autres dispositions législatives dans le domaine de la santé mentale et des relations humaines n’étant en vigueur que depuis deux ans, il serait intéressant de suivre l’évolution de la psychothérapie et de la pratique illégale de la psychothérapie au Québec dans les prochaines années. / Since its first appearance in Quebec universities in 1872, the field of psychology in the province of Quebec has not stopped evolving. While there were previously no laws regulating both the practice of psychotherapy and the use of the title of Psychotherapist, the government of Quebec introduced a new law in 2009: Bill 21. The present thesis draws a historical portrait of the field of psychology in the province of Quebec as well as the history of l’Ordre des psychologues du Québec placing a particular focus on the legal changes affecting the practice of psychotherapy as well as the use of reserved titles. The Ordre des psychologues du Québec’s databases were used to paint a picture of psychotherapy in Quebec two years after the adoption of the Law 28 (better known as Bill 21). Out of the three databases that were used, two of them consisted of forms filled out by Psychologists and Psychotherapists. Of the 8509 Psychologists, 870 Psychotherapists, and 524 cases of illegal practice (consisting of the illegal use of professional titles and/or the illegal practice of psychotherapy) included in this study, statistically significant differences were found in terms of sex, age and language. However, the size effect was small, suggesting that the differences were of limited clinical significance. Significant differences were observed in terms of education and the practice of psychotherapy. Because the provisions of the Loi modifiant le Code des professions et d’autres dispositions législatives dans le domaine de la santé mentale et des relations humaines have only been in effect for two years, it will be interesting to follow the evolution of psychotherapy as well as the illegal practice of psychotherapy in Quebec in the upcoming years.

in English Securities with a focus of bills of exchange and promissory notes as important tools in business obligations The institute of securities accompanies the society for many centuries and has become an indispensable part of economic life. Although, with few exceptions represented apparently only by Slovak and Swiss legal order, there is no general definition of concept of security, it does not hinder to define its characteristics, which are the instrument, respectively any material substrate able to capture a written declaration of will and incorporated subjective property right originating in the private area. Of the above may be deduced the close connection between right and document, which is it's materialization. In connection with the development of social needs, especially in the area of trade, disadvantages of document that was originally considered as a necessary condition of the existence of a valid security, appeared. As a result, the process of dematerialisation of securities started and the document has been replaced by the entry in the register of securities. Nowadays, therefore, the securities may exist both in paper and in book entry form, what undoubtedly facilitate the implementation of some complicated business transactions. The presented thesis combines the interpretation...

Il est assez difficile pour la jeune génération d’électeurs démocrates qui ont contribué à porter Barack Obama au pouvoir en 2008 et 2012 d’imaginer l’état de déroute dans lequel se trouvait le parti démocrate après les victoires électorales de Ronald Reagan en 1980 et 1984. Obama doit sa double élection à la fois à l’efficacité de ses campagnes et aux changements qui ont affecté le parti démocrate depuis les années 1980. Certes, les élus démocrates n'avaient pas attendu l'échec humiliant de Jimmy Carter en 1980 pour engager un travail de réflexion mais c'est pendant les années Reagan que certains démocrates influents commencèrent à se mettre concrètement au travail. Le Democratic Leadership Council (DLC) fut la pièce maîtresse d'une sorte d'aggiornamento politique et idéologique qui permit au parti démocrate de reconstituer ses forces en moins de dix ans et de reconquérir la présidence en 1992 avec l’élection de Bill Clinton. Depuis le début des années 1980 jusqu’à sa disparition en 2011, le DLC se consacra à la modernisation idéologique du parti démocrate. / It is quite difficult for the young generation of Democratic voters who contributed to bring Barack Obama into power in 2008 and 2012 to imagine the electoral losing streak the Democratic Party endured after Ronald Reagan’s electoral victories in 1980 and 1984. Obama owes credit to both his efficient campaigns and the changes which have affected the Democratic Party since the 1980s for winning the executive office twice. The Democratic elected officials certainly had not waited for Jimmy Carter’s humiliating defeat in 1980 to reflect upon the situation but it is during the Reagan years that some Democratic influential members started taking action. The Democratic Leadership Council (DLC) became a key part of a sort of political and ideological aggiornamento which allowed the Democratic Party to rebuild its forces in less than ten years and to win back the executive office in 1992 with Bill Clinton’s election. From the early 1980s to its dissolution in 2011, the DLC devoted itself to the ideological modernization of the Democratic Party.

This master's thesis deals with the analysis and presentation of the global company Nike, especially the perception of the brand as a symbol of basketball. The master's thesis is divided into two parts. The first part describes the theoretical and methodological starting points, particularly the international marketing environment, concepts and strategic approaches, international marketing mix, plus the event marketing and sponsorship, which are an integral part of Nike marketing. The practical part describes the Nike company both from an international perspective, and marketing activities in the domestic environment. Based on the information and the survey, conducted gives recommendations for marketing activities in the basketball category in the domestic market.

This paper examines the Attorney General’s obligation, in Canada and New Zealand, to report on inconsistencies in proposed legislation with the Canadian Charter of Rights and Freedoms and the New Zealand Bill of Rights Act 1990. Although the obligations are similar, the Canadian and New Zealand Attorneys General have developed very different reporting cultures. The Canadian Attorney General has never issued a report; the New Zealand Attorney General has issued many. This paper’s thesis is that the different reporting cultures are attributable to the different constitutional structure in each jurisdiction and different understandings of the independence of the Attorney General. Under this analysis, the usefulness of comparative analysis between the two jurisdictions is limited: constitutional differences cannot be ignored. The paper evaluates proposed changes to the reporting obligation in each jurisdiction in light of this analysis.

This paper examines the Attorney General’s obligation, in Canada and New Zealand, to report on inconsistencies in proposed legislation with the Canadian Charter of Rights and Freedoms and the New Zealand Bill of Rights Act 1990. Although the obligations are similar, the Canadian and New Zealand Attorneys General have developed very different reporting cultures. The Canadian Attorney General has never issued a report; the New Zealand Attorney General has issued many. This paper’s thesis is that the different reporting cultures are attributable to the different constitutional structure in each jurisdiction and different understandings of the independence of the Attorney General. Under this analysis, the usefulness of comparative analysis between the two jurisdictions is limited: constitutional differences cannot be ignored. The paper evaluates proposed changes to the reporting obligation in each jurisdiction in light of this analysis.

The purpose of this study was to determine perceptions of organizational communication methods used by selected commodity-specific, general agricultural and, conservation or natural resources organizations to disseminate information about the Farm Security and Rural Investment (FSRI) Act of 2002 within their organizations. A secondary purpose was to evaluate if preferred organizational communication methods related to organization leaders?? perceptions of the FSRI Act of 2002. Previous studies have assessed organizational communication methods and members?? perceptions, but little research has been completed on the combination of these variables. The instrument used in this study was derived from modified versions of Sulak??s (2000) 1996 Farm Bill survey, a similar instrument by Catchings and Wingenbach (2003), and Franklin??s (1975) organizational communication survey. The target population (N=300) was all selected Texas organizations?? board members. The accessible population (n=160) were selected Texas organizations (commodity-specific, general agriculture, and conservation or natural resources) board members. There were 70 respondents with a response rate of 44%. iv The respondents from this study were mostly board members from a commodity-specific organization and were 46 to 55 years old. They had attended college or completed an undergraduate degree, were raised on a rural farm or ranch, and currently live on rural farm or ranch. The respondents from selected Texas organizations indicated that they had some knowledge about 17 of the 18 primary issues or programs in the 2002 Farm Bill. Selected Texas organizations board members strongly agreed that their respective organizations wanted to meet their primary objectives and information about important events or situations were shared within their organizations. The respondents strongly agreed with the statement ??farm organization coalitions were essential for enacting the 2002 Farm Bill,?? and ??farm organizations strongly influenced the 2002 Farm Bill.?? This study summated and correlated the perceptions of organizational communication methods and perceptions of influencers affecting the outcome of the 2002 Farm Bill. Through that correlation, this study can conclude there was a moderately significant and positive relationship between perceived organizational communication methods and perceived levels of influencers affecting the outcome of the 2002 Farm Bill.

This thesis analyzes President William Jefferson Clinton's self-defense during the first four months of 1998. The study focuses on Clinton's denial of the sex scandal with White House intern Monica Lewinsky when the story broke out in the Washington Post on January 21, 1998. William L. Benoit's theory of Image Restoration is used to examine each strategy's distribution. Benoit's framework consists of identifying strategies used by denial to clarify and repair a positive image despite negative public accusations.The study employed a content analysis as the research methodology. There were a total of 1,392 sentences contained in twenty-four articles from the Washington Post, only articlesfrom the Post were included in the initial search. Research was conducted using microfilm of the Washington Post full-text articles during the time period of interest: January 21, 1998 to April 20, 1998. The dependent variables were the number of sentences devoted to the amount of the Washington Post coverage given to the strategies utilized by Bill Clinton, Hillary Clinton, Clinton's staff, Clinton' s lawyer, Clinton's friends, the media, Al Gore, and the Democratic Party. Meanwhile, the sentences were coded on the basis of image restoration theory and strategy categories defined by Benoit.The data showed the strategy of denial was employed at the highest rate among all strategies during the three selected time periods. Specifically, the denial strategy was used the most frequently with 348 quotations (25%). In the short run, Clinton's popularity among followers was not damaged, but in the long run, he faced impeachment proceedings. Therefore, the strategy of denial is not always a clarification action. This study indicates that the strategy of denial merely complicates and prolongs the whole process; therefore twisting Benoit's original definition. / Department of Journalism