ABORIGINALITY, EXISTING ABORIGINAL RIGHTS AND STATE ACCOMMODATION IN CANADA: ABSTRACT The central focus of this dissertation is the relationship between aboriginality, aboriginal rights and state accommodation in Canada. The work considers how the existence of a plurality of conceptions of aboriginality impacts the capacity of aboriginal rights to protect and accommodate this collective identity. This dissertation takes the position that aboriginal rights, as they are currently constructed in Canada, cannot account for the existence of this definitional multiplicity, and so impose serious limits on the degree to which aboriginality is accommodated and protected by the state. This case is built by looking at Supreme Court cases that deal with Section 35(1) of the Constitution Act, 1982. The investigation contained herein examines the written legal submissions of the aboriginal and non-aboriginal participants in these cases, as well as the Court’s decisions, in an effort to trace the various articulations of aboriginality put forward by the parties. The dissertation demonstrates that, even though there is a multiplicity of conceptions of aboriginality – in other words, the aboriginal litigants, the provinces, the federal government and the Supreme Court justices advance different and often competing conceptions of aboriginality – aboriginal rights are constructed to protect and accommodate a single, particular vision of this collective identity. Moreover, this version of aboriginality does not coincide with the version of this collective identity advanced by the aboriginal litigants themselves. Consequently, the work in this dissertation argues that aboriginal rights fail to accommodate and protect aboriginal peoples’ collective identities and pose a substantial threat to these identities. / Thesis (Ph.D, Political Studies) -- Queen's University, 2008-07-09 23:23:43.659

<p>The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that every child has the right not to be detained except as a measure of last resort in which case, in addition to the rights a child enjoys under section s12 and 35, the child may be detained only for the shortest appropriate period of time. This Constitutional provision, in clear terms, views the incarceration of juvenile offenders in a serious light as it provides that the detention of juvenile offenders should be a measure of last resort. One of the important international instruments, the United Nations Convention on the Rights of the Child, (Article 37(b) provides that children may be arrested, detained or imprisoned &ldquo / only as a measure of last resort and for the shortest possible period of time&rdquo / . This thesis examines the impact of the Constitution and some international instruments on the Criminal Law Amendment Act, 105 of 1997 with regard to juvenile offenders. It also sets out the current legal position in South Africa with regard to sentencing of juvenile offenders.</p>

controversial since the ratification of the Constitution in 1789. In 1793, the Supreme Court ruled that the states had no sovereign immunity. The Eleventh Amendment reversed this ruling about the Constitution. The Eleventh Amendment itself has also been very controversial. We study the history and development of sovereign immunity jurisprudence from the founding of the United States until the present time.

<p>In this project, I examine why the judicial authority of the United States Supreme Court has increased. I propose a theoretical explanation of endogenous institutional change at the Court whereby the actions of the Court---specifically its decisions and the opinions in which it announces those decisions---have, over the long-run, altered the structures of the American separation-of-powers system. The Court has built up public support for the institution of judicial review to such a degree that its rulings are respected even when opposed by strong political actors---including the public. I evaluate this theory by analyzing three important transitional periods of Supreme Court history. The first case study explores the Court under Chief Justice John Marshall, and examines how the Court established judicial review as the most important means of constitutional interpretation. The second case study explores the Court's first cases interpreting the three Reconstruction Amendments, and shows that through these decisions the Court established itself as the arbiter of the meaning of these new amendments. The third case study looks at the Court's decision to hear reapportionment cases and its articulation of the political question doctrine that provided a legalistic method of expanding the political power of the Court. I conclude from these case studies that my theory provides a useful explanation for the expansion of judicial authority.</p> / Dissertation

This study focused on finding a balance between equality and diversity as seemingly opposites, in order to ensure realisation of cultural, linguistic and religious rights in education. In order to reach this goal, it was imperative to illustrate the meaning of the concepts equality, discrimination, culture and diversity in education. Unfolding the meaning of these concepts, as well as determining the scope of the learner's right to culture-specific education, the finding was that equality does not mean identical treatment of all, but rather it implies that a person has the right to be culturally distinguished. The objective of the empirical research was to determine to which extent the learner's cultural, linguistic and religious rights are catered for in schools, also to determine what the educational leaders' attitude is with regard to the subject. The population existed of school principals of public schools in the N3 district in Gauteng of which a sample of 80 principals was randomly chosen. The research was conducted by means of a questionnaire. In conclusion, some of the findings of this study are as follows: The attitude of the principals is in favour of culture specific education, but they do not favour an opinion that such education should lead to seperation of groups. The principals are in favour of mother tongue education and feel that such education will be more effective than education in a foreign language, though they see the implementation of a majority policy as a practicable solution. Principals agree that religion should play a prominent role in education. Cultural differences are being catered for by school cultural activities. Language and religious needs of minority groups are however not accommodated because of the implementation of a majority principle. Educational leaders should be equipped with knowledge and skills to effectively accommodate the cultural, linguistic and religious rights of learners. Respect for cultural identity should be cultivated by means of informing leaders, parents and teachers of mutual fundamental rights and duties. The practicability of education in the previously disadvantaged languages should be researched. This should be done concerning the different training methods and the need for training with regard to knowledge and skills that will enable educational leaders to effectively accommodate the cultural, linguistic and religious rights of the learners. / Thesis (M.Ed.)--Potchefstroom University for Christian Higher Education, 2002

This thesis examines the relationship between the federal government and states governments. Through case studies, I determine how each body determines their access to constitutional authority.

Experimental studies of magnetotunnelling in heterostructures have revealed series of resonances due to electrons tunnelling from a 2DEG in a lightly-doped emitter into magnetoquantised states in the collector contact of a single-barrier structure (Hickmott, 1987 and Snell et al. 1987) or in the quantum well of a double-barrier structure (Eaves et a1., 1988 and Leadbeater et a1., 1989). These experiments are very suitable for theoretical analysis since a transverse magnetic field (parallel to the barrier interfaces) has little effect on the electronic states of the 2DEG, provided the diamagnetic energy is much less than the binding energy of the bound state of the accumulation layer potential. The tunnelling electrons then have a small range of transverse momenta between +PF and -PF, where PF = l'lkF is the Fermi momentum in the 2DEG. This range determines the positions of the orbit centres of the magnetoquantised states into which the electrons are injected after emergence from the tunnel barrier. For the single-barrier heterostructures described in this thesis, these are interfacial Landau states corresponding to classical orbits in which the electron skips along the barrier interface. For double-barrier structures there are interfacial states at high magnetic fields and traversing states at low magnetic fields. Owing to the high electric field in the quantum well, the corresponding classical orbits are cycloidal trajectories which intersect both barrier interfaces (traversing states) or just one barrier interface (skipping states). The variation of the tunnel current I with magnetic field B and voltage V is calculated using the Bardeen transfer-Hamiltonian approach within a WKB approximation. The accumulation layer potential is modelled according to a simple variational solution. This enables a physical interpretation of the experimental results to be given in terms of the effect of the magnetic field on the effect ive barri er hei ght and the ampli tudes of the magnetoquantised wave functions at the barrier interfaces. Both of these effects are required to account for the observed dependence of current on magnetic field I(B) and the amplitudes of the oscillatory structure revealed in the derivative plots of dI/dB and d2I/dB2 accounts for: The model (a) the observation of two series of resonances corresponding to +PF and -PF electrons in experiments on (InGa)As/InP single-barrier structures. (b) the absence of the +PF series of resonances in GaAs/(A1Ga)As single-barrier structures. (c) the changeover from traversing to skipping states in GaAs/(A1Ga)As double-barrier structures and the characteristic decrease in oscillatory amplitudes in the changeover region.

Thesis (M.S.)--University of Michigan, 1973.

Thesis (M.S.)--University of Michigan, 1973.

Made available in DSpace on 2015-03-03T11:52:56Z (GMT). No. of bitstreams: 0 Previous issue date: 2013-10-08Bitstream added on 2015-03-03T12:06:48Z : No. of bitstreams: 1 000809971.pdf: 625584 bytes, checksum: f96beaaaf63b9fa19291a9872fa52e6a (MD5) / Este trabalho tem como finalidade analisar o debate sobre a adoção do concurso público como meio de recrutamento do funcionalismo na Constituição de 1934 levando-se em conta o período histórico e o pensamento social da época. A história do Estado brasileiro e a forma como o campo político influencia a administração pública são importantes para entender como foi tomada a decisão de se colocar na Constituição a obrigatoriedade do concurso público de provas. O recorte histórico do trabalho se refere à quadra 1930-1934, época do Governo Provisório, chefiado por Getúlio Vargas. Tratase de momento de grandes mudanças estruturais impulsionadas, entre outros fatores, pela crise de 1929 e seus efeitos na economia cafeeira, passando pelo processo revolucionário de 1930 e por demais disputas do campo político que têm influência na vida de toda a sociedade da época. Desta maneira, este trabalho procura compreender os motivos que levaram à adoção desse critério para ingresso na carreira pública, através da análise do pensamento social da época, de documentos históricos e das atas da comissão que elaborou o anteprojeto constitucional