Election and removal of members of the governing and supervisory boards of a joint stock company from a com- parative perspective The diploma thesis deals with the ways of the appointment and removal of the members of the governing and supervisory boards of a joint stock company in the Czech Republic and in Great Britain. It focuses on three main areas: the appointment, removal and the eligibility of members of the governing and supervisory boards of a joint stock company. The aim of the thesis is not only to describe the Czech and British legal provisions on these topics, but also to compare and evaluate them. Within the scope apart from other things it attempts to answer these questions: whether the new Czech Companies Act which will come into force on the 1st January 2014 has been influenced to some extent by the British Companies Act 2006 or whether British pattern did not offer any inducement to any change. The thesis consists of seven chapters. The first three chapters analyse legislation of the Czech Republic. They describe legal provisions of the cur- rent Commercial Code and compare them with the provisions of the new Companies Act and the new Civil Code. The next three chapters describe British law. The last chapter compares and evaluates legislations of both states. The first chapter...

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

The purpose of this study was to appraise the meaning and challenges of the principal’s school governance role in the Gert Sibande Region of the Mpumalanga Province. This was premised on the inherent challenges of the principal’s role as prescribed in the South African Schools Act, which locates the principal in the school governing body (SGB) as a member who promotes the best interests of the school; as well as an ex officio member who represents and promotes the interests of the employer – the Department of Education. It was found, through the literature review, that the challenges of the principal’s school governance role were largely symptoms of different emphases on the various functions of the SGB as listed in the South African Schools Act. As such, the concept of school governance was contextualised into an understanding of the essence of the school governance mandate as concerned with three main roles of the SGB, namely, providing the school with a strategic direction, the SGB being critical friend to the school and holding the school to account. Through qualitative interviews of purposely selected school principals, educator-governors and parent-governors, it was found that the principal’s role was influenced by, among others, challenges pertaining to the principals’ ex officio role, parent governors’ low education level, parent governors perceptions about being in the SGB, the perceptions about the principals’ role in the SGB by other members and miscellaneous challenges pertaining to perceptions and structural factors about the school governance role. This was found to be a result of the listed nature of the Schools Act’s governance roles and responsibilities and pointed to the need for giving context to them through an approach that focuses on the meaning and implications of the school governance mandate. For that reason, this study proposes a Three-step Approach to school governance. The Three step-Approach to school governance takes the school governance mandate as a point of departure and models the school governance process from the intention to establish SGBs through elections of a new and incoming SGB while the outgoing SGB is in the final stages of its term of office; to training of SGB members over stages that focus on the relevant content and components of school governors; and culminates into the start of the process of functioning of the incoming SGB. The emphasis of this approach is on fostering a clear understanding of the school governance mandate; how it contextualises the listed functions in the Schools Act; and the need for the SGB to start functioning with members already trained and in full understanding of their roles as they relate to the school governance mandate of promoting the best interests of the schools through the provision of quality education for all learners at the school. / PhD (Education Management)--North-West University, Vaal Triangle Campus, 2015.

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

The purpose of this study was to appraise the meaning and challenges of the principal’s school governance role in the Gert Sibande Region of the Mpumalanga Province. This was premised on the inherent challenges of the principal’s role as prescribed in the South African Schools Act, which locates the principal in the school governing body (SGB) as a member who promotes the best interests of the school; as well as an ex officio member who represents and promotes the interests of the employer – the Department of Education. It was found, through the literature review, that the challenges of the principal’s school governance role were largely symptoms of different emphases on the various functions of the SGB as listed in the South African Schools Act. As such, the concept of school governance was contextualised into an understanding of the essence of the school governance mandate as concerned with three main roles of the SGB, namely, providing the school with a strategic direction, the SGB being critical friend to the school and holding the school to account. Through qualitative interviews of purposely selected school principals, educator-governors and parent-governors, it was found that the principal’s role was influenced by, among others, challenges pertaining to the principals’ ex officio role, parent governors’ low education level, parent governors perceptions about being in the SGB, the perceptions about the principals’ role in the SGB by other members and miscellaneous challenges pertaining to perceptions and structural factors about the school governance role. This was found to be a result of the listed nature of the Schools Act’s governance roles and responsibilities and pointed to the need for giving context to them through an approach that focuses on the meaning and implications of the school governance mandate. For that reason, this study proposes a Three-step Approach to school governance. The Three step-Approach to school governance takes the school governance mandate as a point of departure and models the school governance process from the intention to establish SGBs through elections of a new and incoming SGB while the outgoing SGB is in the final stages of its term of office; to training of SGB members over stages that focus on the relevant content and components of school governors; and culminates into the start of the process of functioning of the incoming SGB. The emphasis of this approach is on fostering a clear understanding of the school governance mandate; how it contextualises the listed functions in the Schools Act; and the need for the SGB to start functioning with members already trained and in full understanding of their roles as they relate to the school governance mandate of promoting the best interests of the schools through the provision of quality education for all learners at the school. / PhD (Education Management)--North-West University, Vaal Triangle Campus, 2015.

This research was conducted in the Waterberg District with particular focus on the Nylstroom Circuit. The primary aim of this research was to assess the performance of farm school governing bodies in the Limpopo Province. The farm schools that were selected for this purpose were in the Nylstroom Circuit since it had a number of farm schools. The school governing body members such as the chairpersons, the principals and educators in the governing bodies of those farm schools participated in this study. The primary data collection method used in this research was semi-structured interviews. Participant observations were carried out on the sites before the interviews were conducted. Documents were analysed at the randomly selected schools. This research revealed that many farm school governing bodies cannot perform their duties because of various challenges such as poverty, illiteracy, lack of time off from work and the long distances that have to be travelled to meetings. In order for these farm schools to overcome these challenges, this research made a number of recommendations, based on the conclusions reached. / Educational Studies / (M.Ed. Educational Management))

Möjligheterna för skogsbruket och rennäringen att samexistera har sedan den industriella skogsindustrins början varit en infekterad fråga. Under 2000-talet startades projektet att införa renbruksplaner (RBP) i Sveriges samebyar med syfte att förbättra relationen mellan parterna i samråd, vilket upplevs ha uppfyllts. Renbruksplan är rennäringens motsvarighet till skogsbrukets skogsbruksplan och är ett informations- och dataverktyg med en kartläggning över renarnas betesmarker. Den här uppsatsen undersöker varför projektet med renbruksplaner har lyckats genom att använda Elinor Ostroms teori om förvaltning av en gemensam resurspool. Syftet är att illustrera möjliga förklaringsfaktorer till varför samverkan mellan skogsbruket och rennäringen upplevs ha förbättrats i och med införandet av RBP. Med hjälp av en kvalitativ innehållsanalys har Ostrom designprinciper för självstyrande och hållbar förvaltning hittats i fem rapporter publicerade av Skogsstyrelsen i projektets slutskede. Totalt fanns det stöd i rapporterna för att sex av åtta designprinciper applicerats i och med införandet av RBP. Två av dessa, Ostrom designprincip om tydligt definierade gränser och konfliktlösningen mekanismer, kan identifieras som möjliga förklaringsfaktorer. Att dessa två principer har införts har underlättat kommunikationen mellan parterna vilket lett till större förståelse för varandras branscher och situation. / Whether forestry industry and reindeer husbandry could harmoniously coexist in northern Sweden has been debated since modern forestry started. A unique context grants indigenous people in Sweden, the Sami people, exclusive right to use land for reindeer husbandry. In the beginning of the 2000s a project was launched to create Land Use Plans for the reindeer husbandry (in Swedish Renbruksplan, RBP), which aimed to improve the relation between reindeer owners and the forestry industry. Hence, the Land Use Plan for reindeer husbandry is primarily a program for mapping reindeer graze lands. The project is considered successful for the reindeer owners as well as for the forestry. This thesis investigates why the land use plans have improved the relations between the two stakeholders by applying Elinor Ostrom´s theory about governing commons. The aim is to illustrate possible explanatory factors to why collaboration between forestry and reindeer husbandry is found to have been improved with the introduction of the land use plans. Using a qualitative content analysis, examples of Ostrom’s design principles of autonomous and sustainable management were identified in five reports published by the National Board of Forestry in the project's final phase. In total, the reports supported that six of eight design principles had been implemented since land use plans were introduced. Two of these, clearly defined boundaries and mechanisms of conflict resolution, can be identified as possible explanatory factors for the success of the project. In conclusion, the introduction of these two principals have facilitated communication between the two stakeholders, which have ensued better understanding for each other’s situations and industries.

The study is in response to the recently enacted South African Schools Act No. 84 of 1996 (SASA), which sees the legislated inclusion of parents in school governing bodies. The Act promotes four distinct representative participants or stakeholders. These include parents, who constitute the majority, educators, learners and non-teaching staff. There is an indication that the SASA has tensions, ambiguities and contradictions which could allow either &quot / consumer market&quot / or &quot / citizen equity&quot / visions to prevail in practical terms. However, I argue that the SASA in practice is becoming dominated by the consumer vision that has a danger of creating unfair competition amongst schools and perpetuating the already existing inequalities in our society. In this mini-thesis, I attempt to investigate the nature of parental involvement in school governance in practice. I focus on their responsibilities in relation to policy matters as enshrined in the SASA, their commitment to executing their functions. The aim is to determine their capacity to fulfil their responsibilities with respect to their powers and functions.

Legal status and economic management of organizational units of municipalities and regions Legal regulation of organisational units of municipalities and regions in the Czech Republic is comparatively succinct; there are not many academic texts that would offer any detailed commentary relating to this topic. In practice, organisational units are often neglected and in fact, no academic texts are even available for the regional level. In my thesis I aim to summarise the key important findings about the organisational units of municipalities and regions. My objective is to create a document that would deal with the functioning of these units from their origination, through financial management to their eventual abolishment. I methodically introduce the necessary sources of law and also aim to draw the attention to the controversial provisions of the relevant statutes. The introductory chapter is historical; subsequently, I define the principal signs of and the issues relating to the origination (the trust deed, etc.) and the abolishment of the units. The following section deals with the workers and the so-called directors. In relation to this, I analyse the acts and responsibilities of organisational units of municipalities and regions. The second substantial chapter focuses on specific agencies that...

O presente trabalho realizou uma análise e classificação das consultas da Seção de Fazenda do Conselho de Estado, que funcionou no Brasil Império no período de 1842 a 1889, a partir dos modelos administrativos e de governo que influenciaram o funcionamento e organização da administração e do Conselho de Estado. Buscou-se no modelo corporativo do Antigo Regime português as primeiras fontes e raízes para o modelo polissinodal e de governo por conselhos. Posteriormente novos paradigmas e idéias político-administrativas entraram em linha de conta no modelo português, como foi o caso, no século XVIII, dos paradigmas relacionados ao chamado Estado de Polícia. Essas fases da formação do Estado Moderno e paradigmas de governo e administração influenciaram o modelo político adotado no Brasil independente e constitucional e vieram a conformar a atuação do Conselho de Estado no Segundo Reinado. A partir da análise da produção da Seção de Fazenda do Conselho de Estado é possível mapear continuidades e rupturas com modelos anteriores e a adoção de novos paradigmas de governo e administração e explicar o funcionamento do Conselho de Estado sob D. Pedro II. / The present work carried out an analysis and classification of the consultations of the Finance Section of the Council of State, which operated in Empire of Brazil from 1842 to 1889, from the administrative and governmental models that influenced the functioning and organization of the administration and the Council of State. The first sources and roots for the polissynodal model and for government by councils were sought in the corporate model of the Old Portuguese Regime. Subsequently new paradigms and political-administrative ideas came into account in the Portuguese model, as was the case, in the eighteenth century, of paradigms related to the so-called Police State. These phases of the formation of the Modern State and paradigms of government and administration influenced the political model adopted in independent and constitutional Brazil and came to conform the performance of the Council of State in the Second Reign. From the analysis of the production of the Finance Section of the Council of State it is possible to map out continuities and ruptures with previous models and the adoption of new paradigms of government and administration and to explain the functioning of the Council of State under D. Pedro II.