This thesis explores various approaches to constitutional interpretation, paying particular attention to the literalist approach to reading the Constitution set forth by W.W. Crosskey in Politics and the Constitution. Crosskey’s approach is compared to and contrasted with John Rohr’s intentionalist approach to reading the Constitution and the approach of judicial activism. Drawing from literary theory, this thesis outlines Stanley Fish and Robert Scholes’ approaches to reading. Fish, like judicial activists, subordinates the text to the reader. Scholes, like Crosskey, argument for textual primacy. These literary critics mirror the debate in constitutional scholarship over where meaning lies: with the text or with the reader. The debate over interpreting the Constitution adds to the tradition in public administration of normatively grounding the discipline in the Constitution. If this attempt at finding a normative grounding for public administration is to be successful, it must consider issues of interpretation. / Master of Public Administration

Adopting historical, legal and comparative methods and incorporating knowledge and findings from multiple disciplines, this thesis not only explores political implications of those constitutional provisions and amendment regarding the Chinese presidency, constitutional significance of the CPC's political practices of decision-making such as Mao Zedong's "power of last say", his idea of "two fronts", his controversial abolition of the chairmanship, Deng Xiaoping's idea of "the core of leadership", and "diplomacy of the head of state" by Chinese presidents, thus negating the mainstream constitutional and political idea that the Chinese president is (or should be) the head of state of China, but also sheds new lights from the institutional perspective on the on-going academic discussions about the situation of rule of law in China. Since China is a great Eastern and developing country "building socialism with Chinese characteristics", this thesis also contributes to research in areas such as cold war history, the socialist government system and legal development in developing countries. / By pioneering an all-around examination on legal and political development of the Chinese presidency since its origin through different historical stages from both normative and positive aspects within the framework of the party-state, it is concluded that the Chinese presidency has evolved from a traditional Chinese title into a governmental position, and then a state institution that has a constitutional appearance of a Western semi-presidency. However, it has functioned politically in a Stalinist party-state with Chinese characteristics, whose candidate has by far been produced according to the CPC's step-by-step succession rules designated by the paramount leaders and real political decision-making power has mainly not only been limited by these succession rules, but also decided by his role and status within the CPC's supreme collective decision-making body. Underlined such decades of constitutional evolution and political dynamics have been the changing foreign influences and local demands on China. As China becomes more globalized and its traditions of "rule of man" gradually die out, law and politics surrounding this office has been more compatible, thus giving rise to a nascent rule of law. / It is widely-accepted that the constitutional office of Chinese president has undergone dramatic changes since its establishment in 1954, to its abolition in 1975, and its revival in 1982. This has been commonly attributed either to the importation of the Russian model, or the personal influences of the CPC's leaders Mao Zedong and Deng Xiaoping, or political considerations, such as the need for a head of state. This thesis questions these general, yet sometimes contradictory, account and quests for more coherent explanations for those twists and turns in the evolution of the office of president. / Zhang, Runhua. / Adviser: Michael Pendleton. / Source: Dissertation Abstracts International, Volume: 72-04, Section: A, page: . / Thesis (Ph.D.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (leaves 285-314). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract also in Chinese.

Thesis (doctoral)--Universität, Bayreuth, 2005. / Includes bibliographical references (p. [411]-432) and index.

Thesis (LLD (Public Law))—University of Stellenbosch, / In this dissertation a comparative study is made of the constitutional accommodation of the distribution of financial resources and constitutional obligations to the various spheres of government in Germany and South Africa. Both countries have decentralised or multi-level systems of government and can be classified, in terms of current studies on federalism, as integrated or cooperative federal systems. An overview of the historical developments, the political contexts, the fundamental principles and the constitutional frameworks for government in Germany and South Africa is provided as a basis for the in-depth analysis regarding the financial intergovernmental relations in these countries. This study has shown that economic theory is important in the design of decentralised systems of government and that political and socio-economic considerations, for example, the need for rebuilding Germany after World War II and the need to eliminate severe poverty in South Africa after 1994, often play a dominant role in the design and implementation of decentralised constitutional systems. The economic theory applicable to decentralised systems of government suggests a balanced approach to the distribution of financial resources and constitutional obligations with a view to obtaining the most efficient and equitable solution. In both countries the particular constitutional allocation of obligations and financial resources created a fiscal gap that required some form of revenue sharing or financial equalisation. The German financial equalisation system has been developed over fifty years and is quite complex. It attempts to balance the constitutional aim of reasonable equalisation of the financial disparity of the Länder with the financial autonomy of the Länder as required by the Basic Law. The huge financial and economic demands from the eastern Länder after unification in 1990 placed an additional burden on the available funds and on the financial equalisation system. Germany currently faces reform of its financial equalisation system and possibly also bigger constitutional reform. The South African constitutional system is only a decade old and the financial equalisation system that is less complex than the German system, is functioning reasonably well but needs time to develop to its full potential. The system may however require some adjustment in order to enhance accountability, efficiency and equity. A lack of sufficient skills and administrative capacity at municipal government level and in some provinces hampers service delivery and good governance and places additional pressure on the financial equalisation system. The Bundesverfassungsgericht and the Constitutional Court play important roles in Germany and South Africa in upholding the principle of constitutional supremacy, and make a valuable contribution to the better understanding of the constitutional systems and the further development thereof. This study has shown that clear principles in constitutional texts, for example, such as those contained in the Basic Law, guide the development of applicable financial legislation and add value to the provisions on financial equalisation and how they are implemented. These principles in the Basic Law are justiciable and give the Bundesverfassungsgericht an important tool to adjudicate the financial equalisation legislation. The study of the constitutional accommodation of the distribution of financial resources and constitutional obligations in Germany and South Africa is not an abstract academic exercise and should be seen in the particular political and socio-economic contexts within which the respective constitutions function. The need to give effect to the realisation of socio-economic rights, for example, the right of access to health services, places additional demands on the financial equalisation system. The South African society experienced a major transformation from the apartheid system to a democratic constitutional order that in itself has had a significant influence on financial intergovernmental relations. This dissertation focuses on a distinct part of constitutional law that can be described as financial constitutional law. This comparative analysis of the two countries has provided some lessons for the further development of South Africa’s young democracy, in particular the financial intergovernmental relations system.

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University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

Zugl.: Basel, Univ., Diss., 2006 / Originally presented as the author's thesis (doctoral) -- Universität Bayreuth, 2006. Includes bibliographical references (p. [416]-464) and index.

In the history of California, there have been few ballot measures of a more controversial nature presented to the electorate than the initiative constitutional amendment known as Proposition 14 which appeared on the 1964 General Election ballot. Proposition 14 was a propsed amendment to the Constitution of the State of California which would prohibit the state, its agencies, and local government from placing limitations on a person's right to refuse to sell or rent his residential property to another person.1 The controversy stirred up by Proposition 14 caused it to gain national attention. Its opponents made claim that Proposition 14 went beyond repeal of "fair housing" legislation. This could have been achieved through an initiative referendum. Instead, by constitutional amendment, the measure instituted the right to discriminate in selling or renting residential property. This was an open attack upon the civil rights of the minorities in California. Its proponents counter claimed that it was a measure ot restore to California property owners their right to sell or rent to whomever they choose. This right had been taken away from them by the Rumford Act. The constitutional amendment method was used to prevent a future legislature from enacting another "fair housing" law. Thus, civil rights became pitted against property rights in the ensuing arguments over Proposition 14. With the United States in the throes of a movement by the Negro race to achieve greater interplay in American life, it was to be expected, then, that considerable nationwide attention would fall upon this particular initiative amendment to California's Constitution. The controversy it raised carried beyond California's borders. It was watched throughout the country to see what would happen to it. This attention made Proposition 14 unlike its companion measures on the ballot. Because it differed in this manner from the other propositions, this thesis has recorded Proposition 14 and its ramifications, particularly the campaign which enveloped it. While the controversy over this constitutional amendment has not yet been stilled, one particular limitation has been placed upon this thesis. It does not pursue Proposition 14 beyond Election Daty, November 3, 1964. Basically, this thesis has employed an historical approach to the presentationof Proposition 14. It has not, however, taken theusual chronological listing of events used by most historical studies. Rather, it has examined nine general areas concerning Proposition 14 without particular regard to making and account of events in orde ot time. Each of the nine areas, instead, has been presented more to give tenor or character to certain phases of the measure than to chronicle events.