This thesis aims to present the contemporary legal criminal procedures in Saudi Arabia that are relevant to crimes of killing. The thesis is divided into five chapters; each chapter is divided into two or three sections; and every section contains various sub-sections. Part one in the first section of chapter one provides a general introduction to the criminal procedures, its establishment and objectives in Islamic law. Part two discusses the general essential elements that must exist in the analysis of every crime. The general divisions of crimes have been pointed out in this part, as well as importance of this classification in Islamic law. Section two of this chapter embodies two parts which reflect respectively the sources of criminal procedure, as the ground from which it derives its legal authority; in addition, it provides miscellaneous statistics that indicate the effect of Islamic criminal law on decreasing crime rate in Saudi Arabia. Chapter two consist of two sections in which crimes of killing are classified. Part one of the first section discuses the fundamental components of intentional killing; types of punishments imposed upon a murderer, and the infliction of the death penalty as aq'sas in Saudi Arabia. The contemporary legal methods and conditions to implement capital punishments in Saudi Arabia has been discussed in the second part of this section. The second section deals with unintentional crimes of killing which comprise quasi-murder and killing by mistake. The due punishments for such crimes have been detailed in the first part of this section. The Saudi legal system of blood-money has been elaborately discussed in the second part. Chapter three is divided into three sections, each section contains various parts. Part one and two in the first section concentrate on examining those crimes of killing that are committed by a group of people, who either directly or indirectly participated in the crime. The effect of circumstances of insanity, infancy and intoxication, on annulling criminal responsibility has been comprehensively discussed in the second section. The last section of this chapter focuses on examining the effect of certain extenuating circumstances, such as self-defence and defence of honour, upon criminal liability. Chapter four deals with the contemporary Saudi pre-trial criminal proceedings relevant to crimes of killing. The first section of this chapter comprises six parts. The discussion in these parts focuses upon the legal procedure of examining suspects, searching of private premises, and the rights of suspect during this stage of police investigation. Section two deals with the pre-trial legal procedure following the detection of crimes of killing. It also covers the legal process of pre-trial detention, release proceedings, and the rights of the detained person. Chapter five embodies three sections which provide a comprehensive discussion to the trial proceeding and the consequent procedure after the trial. This includes: the Saudi courts system; the rule of evidence for proving criminal cases; the procedures of hearing cases of crimes of killing; the rights of the accused during this stage; and the ensuing legal process required to implement the judgement.

The typical picture that is conjured up when one thinks of a nurse is that of a matronly figure, in a uniform and cap, sitting at the patient’s bedside administering care. Associated with this is the traditional view held by the public, in which nurses are beholden to doctors and dependent on them for instruction, and perform a generally subservient role. However, those who have had the misfortune to require treatment more recently will testify to a far different situation, in which nurses perform a more professional and clinically autonomous role, as well as having a caring and compassionate function. In fact, the picture that exists in most clinical environments is one in which nurses are recognised as knowledgeable and capable clinicians, and independent practitioners in their own right, rather than obedient medical handmaidens. The delivery of modern healthcare has also changed beyond recognition, with interventions that were once considered to be the domain of hospital practitioners now provided in a more liberated community-based system. Within this structure, the role of healthcare professionals has similarly been transformed, such that the ‘power’ has shifted away from doctors and towards non-medical clinicians. This has, in turn, resulted in non-medical practitioners, most notably nurses, having more authority, autonomy and responsibility for clinical decision-making, rendering them more equal in the clinical hierarchy and more evenly aligned as professionals. This thesis explores the range of traditional medical activities that are now performed by nurses who have expanded their practice in order to accommodate the additional responsibilities that this 'power' affords. In particular, it looks at those nurses who have advanced their practice such it constitutes a new clinical role and, in some cases, act as medical substitutes. With the further devolution of clinical tasks inevitable, and the creation of more clinical roles likely, this thesis looks at the regulatory framework that underpins advanced nursing practice. In particular, it questions whether the existing framework provides the regulatory safeguards that are required to ensure patient and public protection and asks whether an alternative approach, such as that which is provided by another professional regulator, may be more appropriate. In concluding, this thesis will assert that a compelling case for the statutory regulation of advanced nursing practice can be made, and will suggest a number of options regarding how this regulatory solution can be achieved.

This thesis analyzes the consequences of property confiscations and redistribution under the Sandinista (FSLN) government in Nicaragua of the 1980s. It covers the period from the overthrow of Anastasio Somoza Debayle in 1979 to the February 1990 FSLN electoral defeat and the following two months of the Piñata, when the outgoing Sandinista government quickly formalized possession of property by new owners, both formerly landless peasants and the elite. It also examines subsequent efforts to resolve outstanding property claims, with the focus on the Chamorro and later presidential administrations to 2007, when Sandinista leader Daniel Ortega and the FSLN returned to power. The main argument is that Sandinista leaders, largely from the same families that have dominated Nicaragua since the Colonial period, followed Nicaraguan traditions of using influence to distort the legal and political system to gain title to valuable properties. In contrast to partisan arguments in favor of one regime or another, here the methods of property transfer are analyzed by investigating in detail documentary evidence of illustrative cases that show the steps and individuals involved in these transactions, as well as more generally surveying other cases and the overall situation with property. The argument is tested by examining how the selected claimants’ properties were taken and who obtained them. The results indicate that Sandinista elites did obtain properties for their personal benefit, often in violation of their own legislation, but that this was largely consistent with the practice of other, non- Sandinista governments. After their electoral defeat, ongoing Sandinista influence in the organs of government influenced the restitution process, with claimants typically settling for compensation at a fraction of the market value, with the Nicaraguan state and people bearing the cost of paying for compensation bonds over the coming decades. Political influence undermined the restitution mechanism.

The thesis examines the balance in the objectives of investment promotion in Ethiopia, i.e. the enhancement of development and well-being in the context of environmental sustainability. The flower sector is used for the purpose of thematic focus due to the tension that exists between the benefits in the enhancement of cut flower exports and the corresponding challenges in labour conditions, environmental compliance standards and in the sustainability of the economic benefits. In spite of the Ethiopian legal framework on sustainable development, many economic actors tend to pursue its weaker interpretation which is further debilitated by gaps in the institutional framework. There is thus the need for caveat against delinking investment promotion towards economic development from social wellbeing and environemntal sustainability which in the flower sector requires environmental mainstreaming (EM) and sustainability impact assessment (SIA) so that illusive economic benefits would not lead to irreversible environmental harm. It is argued that the contribution of investment promotion pursuits in Ethiopia’s flower sector towards sustainable development and rising standards of living depends upon the extent to which the sector moves towards sustainable floriculture which is drastically different from flower export boom that arises from unprotected soil and water resources. Three contradictions permeate the challenges toward sustainable floriculture in Ethiopia. The ownership profile and the marketing niche of flower farms under distress show that domestic-owned farms are the ones that are most severely hit by these challenges. The first contradiction arises from the tension among the three (economic, social and environmental) pillars of sustainable development and the institutional gaps despite laws that protect the environment. The second contradiction relates to the tension between the positive role of technoscience in sectors such as floriculture vis-à-vis its hegemonic features and the potential harm if it is improperly applied in developing countries. The third tension is attributable to the buyer-driven global value chain which requires social and environmental compliance standards in flower growing and meanwhile pushes down the profit margin of flower growers in developing countries like Ethiopia. This not only puts pressure on working conditions and the environment but also renders the economic benefits illusory and unsustainable. The research is based on sociological and legal inquiries, and also includes case study which involves in-depth interviews and on-site observations. The study, inter alia, recommends that hydroponics, integrated pest management and multimodal water sources ought to be encouraged in all new flower farms and future expansion projects. In the absence of such thresholds accompanied by enhanced competitiveness and effective institutional capabilities of regulation and governance, the flower export boom which results from unprotected soil and water resources is economically unsustainable and does not bring about social wellbeing and environmental sustainability.

In 1986, the first case of HIV/AIDS was reported. A decade later, it had killed over 25 million people. Many, especially those in the developing world, were dying slowly and agonisingly from a disease that had no cure. Entire communities were losing so many people in the prime of their lives changing the fabric of those societies irrevocably. When antiretroviral medicines were discovered, there was a sense of optimism. Although these medicines were not a cure for AIDS, sufferers for the first time had hope of an almost normal life, a life without debilitating pain, a life where getting AIDS did not necessarily mean a death sentence. Unfortunately, the new ARVs were governed by the international law trade regime. These medicines had patents on them which allowed the pharmaceutical companies who owned them to exclude other users and charge astronomical prices. Millions of AIDS sufferers especially those from the developing world simply could not afford to pay these prices. This thesis examines the response of the international legal regime to this dilemma. It argues that a hard law approach was unsuited to creating greater access to ARVs as this meant prioritising patent rights which always invariably led to cost implications for the user. Many of the people who suffered from AIDS in developing countries were therefore still left unable to afford these medicines. By contrast the thesis argues that a soft law approach has been more effective. Soft law unlike its hard law counterpart makes it easier for States to reach agreement due to its non-binding nature. This also makes it faster for countries to achieve a consensus over issues, which makes it preferable when dealing with public health pandemics, such as AIDS, where speed is of the essence. Soft law is also more flexible and easier to supplement, amend or replace when faced with changing circumstances. In pursuing this argument, the World Trade Organization regime and the United Nations regime from which the majority of conceptual responses to the access to ARV problems have originated are assessed. In doing so the research suggests that soft law initiatives have developed a humanitarian norm of access to ARVs so as to enhance the prospect of universal access programmes that give free ARVs to those who would have been unable to afford them otherwise.

Land in Kenya has social, economic and political dimensions, which overlap and conflict. Land conflicts are one of the root causes of political crises which the country has experienced since the formation of the modern state through colonialism. Although the link between land and politics has been much studied, the gender dimension has been neglected. Where it has been addressed within the women‟s land rights discourse there has been a failure to appreciate the multi-dimensionality of land, addressing only the economic implications from a gender perspective. As a result there is little analysis of the way in which women experience inequalities arising out of political processes which shape and influence Kenya‟s land system. In 2008, the Commission of Inquiry into Post Election Violence (CIPEV) reported various types of inequalities which women faced with regard to land, and which arose as a result of distributional land problems in the country. It raised for the first time the way in which gender and ethnicity intersected to produce the inequalities and disadvantages women experienced during the period of election violence. This thesis addresses this intersectionality. It argues that the nature of women‟s inequality with regard to land in Kenya is much broader than questions of rights of access, control and ownership and consequently that gender inequality relating to land is Kenya is mis-framed. It analyses the nature of this mis-framing and drawing on the fieldwork conducted within three communities argues that what is needed is a contextualised understanding of intersectionality. Such an understanding of intersectionality requires analyses of the interplay between law and politics, and how this interplay produces experiences of inequality and disadvantage amongst women.

The phenomena of high and persistent levels of informal employment and informal entrepreneurial activity have been among the most pressing features undermining the development of participatory socio-economic and political institutions in Latin America over the past decades. The informal sector does not exist separately from the formal economy. Although some individuals profit from shirking regulation such as tax payments, others are denied their basic rights as citizens. Many policy initiatives that set out to enable an increasing share of the region’s population to enjoy protected workplace conditions, access the social protective systems and nurture productive firms have had negligible or even detrimental effects. This research thesis argues that in order to understand the complex mechanics of informal labour in Latin America, a wide analytical perspective must be adopted, so that various interconnected developmental policy issues such as citizenship, state capacity, the political economy of the region, the design structure and the coverage of the contributory social protection regime, the quality of political participation, access to the legal system, and education must be examined with respect to their impact on social and labour rights. Employing the analytical lens of institutionalist regulatory theory and adopting central insights from Sen’s Capability Approach allow for the identification of path-dependent patterns in Latin American labour law and social polices, a reassessment of the role of the state as a regulatory actor, and the crucial importance of lifting the quality of employment and social services delivery. That approach allows this research dissertation to move beyond the traditional discourses that advocate either state regulation in the areas of social and labour legislation coupled with enforcement mechanisms, or alternatively deregulatory policies that place their faith in market forces as the ultimate formula to approach a societal issue that must actually be tackled from several vantage points. Fieldwork was carried out in Colombia in order to enrich this research with data obtained from interviews, participant observation and library visits.

This thesis looks at the critical issue of electoral system reform relating to elections to the European Parliament. Directly elected since 1979, elections to the European Parliament operate on the basis of highly diverging national systems in the 27 member states, despite a mandate for electoral reform which should lead to a uniform system since the 1950s. The analysis of this thesis centres around the matters of legitimacy and the perceived democratic deficit, as surprisingly, there has been little or no discussion to date on the way the electoral system of elections to the European Parliament promotes or hinders the democratic legitimacy of the European Union. The European Union is conceptualised by the means of three different models, the EU as an international organisation, a supranational technocratic regime, and as a federal order. This thesis addresses the democratic deficit point by constructing an ideal type electoral system where it is currently lacking - in relation to a federal order. This research makes an interdisciplinary contribution by combining a value free positive political science on the one side and a normative legal approach on the other. Whereas a good deal of legal analysis is either explicitly based on a federal model of the European Union or implicitly premised on such an approach, detailed analysis of the implications of federalism for EU level democracy is much less common. Next to historic developments in the field of electoral reform in the European Parliament, the recent Duff Reports as well as the debates around them are analysed. The thesis concludes that an electoral system needs to generate competition between European parties on European matters and presents core elements of a draft European Elections Act, a new uniform voting system for elections to the European Parliament.

In 2002, the Scottish National Party (SNP) published a draft Constitution for Scotland. Aside from its potential practical importance in the event of Scotland becoming independent, this draft Constitution is also of academic interest as an example of a written Constitution that is derived from, but which critiques and seeks to reform, the ‘Westminster’ model of democracy. This thesis subjects the SNP’s draft Constitution, for the first time, to a thorough, independent and scholarly review. It addresses the central question of whether the draft Constitution, if adopted, would be a viable and acceptable foundation for the constitutional order of a democratic Scottish State. Using a historical institutionalist approach, the thesis identifies the criteria of a viable and acceptable Constitution by reference to Scotland’s historical trajectory, the evolving global norms of constitutional democracy, and the circumstantial conditions of Scotland today. It then conducts a detailed examination of the draft Constitution, to assess how well the text embodies these criteria. The thesis finds that the SNP’s draft Constitution is viable and acceptable in its overall structure and principles, but that it is diminished by poor constitutional design and by an avoidable lack of attention to procedural detail.

An analysis of judicial attitudes in the United States of America towards pharmacist responsibility has shown distinct patterns or trends. Early cases set the standards for pharmacists at a high professional level. The courts later restricted liability to technical inaccuracy in prescription processing. More recently, the judiciary is recognising the necessity to apply standards appropriate to the pharmacist’s new roles and functions. A legislative gloss to these developments has been provided in the United States of America by the enactment of legislation which seeks to recognise professional roles, enhance pharmacy practice standards and improve the outcome of drug therapy for patients, by bettering patient compliance with drug regimes. There is a current expectation, particularly on the part of the public, but also on the part of health care policy makers, that pharmacists have a responsibility to detect problems with prescribed medications, and that to fail in this responsibility is a direct threat to the public health. The new expectations of drug therapy and the parallel anticipation of the participants in drug therapy have created a new duty on the part of the pharmacist, to intervene and promote the patient’s best interests. In this thesis, it is argued that this perspective is a reasonable one. Pharmacists ought to detect and prevent problems with drug therapy. The public should be disappointed if a profession, a government-sanctioned monopoly, has the ability to improve the public health but fails to do so. In turn, courts (and a legislature) that refuse to recognise expanded responsibilities for pharmacists, and that fail to impose corresponding expanded liabilities for the failure to meet a responsibility, are perpetuating an outdated view of pharmacy practice based on an incomplete understanding of the medication use system. There are solid policy reasons for imposing a higher standard for pharmacists that includes, but goes beyond, mere technical accuracy in order processing. In turn, there are limits to what pharmacists can reasonably be expected to do, and a legal system exploring the subject of expanded pharmacist responsibility should be aware of those limits.