In the past ten years, the world has witnessed a transformation in the relationship between governments and the supply of money. A number of countries, including the United Kingdom, New Zealand and the 11 European countries participating in EMU, have made their national central banks 'independent'. Inflation is at a post World War II low, and there a general recognition that inflation cannot, in the long term, create employment or boost economic growth. The economic consensus is that the best monetary policy is the pursuit of price stability. However, these changes to monetary regimes have been a pragmatic response to the problem of high inflation. There has been little recognition of the constitutional implications of the supply of money. I argue that this pragmatic approach is constitutionally dangerous. Upon examining the history of money, it is clear there are fundamental property rights associated with the issue of money. There is a strong need for monetary arrangements to be identified as constitutional issues, and for constitutional rules to be developed and applied in relation to the issue of money. This thesis analyses the appropriate relationship between governments and money from a constitutional perspective. Chapters II-VI examine the following issues: • the constitutional principles which should guide the behaviour of any government in relation to money; • the historical development of money and its theoretical qualities; • the difference between 'commodity' and 'fiat' money and the constitutional implications of their respective monopoly supply by governments; and • the constitutionally ideal monetary regime. Chapters VII, VII and IX then examine the existing monetary regimes in New Zealand, the United Kingdom, and in the European Union, and I compare these regimes to the constitutionally ideal monetary order identified in Chapter VI. The penultimate chapter examines electronic payment systems over the Internet, and assesses the possible impact these will have on governments' monetary monopolies in the future. The fundamental conclusion of the thesis is that adherence to constitutional principles demands that money be supplied on a private competitive basis. Notwithstanding that many central banks are now 'independent', the way money is supplied today - by governments possessing monetary monopolies - is contrary to the principles of constitutionalism.

Thesis (M.A.)--Carleton University, 2004. / Includes bibliographical references (p. 104). Also available in electronic format on the Internet.

Thesis (Habilitation)--Ruhr-Universität Bochum, 1991. / Includes bibliographical references (p. [287]-321) and index.

Submitted by Leoná Rodrigues (leonarodrigues@id.uff.br) on 2017-07-26T19:31:47Z No. of bitstreams: 1 Dissertação - Fernanda Zacarias.pdf: 766744 bytes, checksum: 750295602f7e514a6db9e83371609669 (MD5) / Approved for entry into archive by Biblioteca da Faculdade de Direito (bfd@ndc.uff.br) on 2017-08-17T16:35:24Z (GMT) No. of bitstreams: 1 Dissertação - Fernanda Zacarias.pdf: 766744 bytes, checksum: 750295602f7e514a6db9e83371609669 (MD5) / Made available in DSpace on 2017-08-17T16:35:24Z (GMT). No. of bitstreams: 1 Dissertação - Fernanda Zacarias.pdf: 766744 bytes, checksum: 750295602f7e514a6db9e83371609669 (MD5) / O presente trabalho tem como escopo a descrição das relações possíveis entre opinião pública e direito. A princípio, a pretensão se volta para a demonstração dos caminhos perpassados pela opinião pública, a partir das transformações sócio-políticas no âmbito da esfera pública burguesa, tal como descrita por Jürgen Habermas. Após a compreensão de elementos como a “publicidade”, a ser dada às questões de ordem pública, e a “acessibilidade”, a ser assegurada na reunião de um público que exerce livremente sua opinião, será possível antever algumas das concepções de justiça que se internalizaram nos indivíduos, inclusive sob uma ótica universalista que ultrapassa os interesses restritos aos litigantes, sob a perspectiva da moralidade. A explanação dará ensejo à caracterização da dimensão moral do direito. Em contrapartida, será realçada a função da discursividade procedimental necessária ao alcance do consenso e da fundamentação das regras de criação e aplicação normativa, mesmo nas ocasiões em que a argumentação se estabeleça por meio de discursos éticos ou pragmáticos, distanciando-se da ordem moral. Desse modo, a análise do direito sob a perspectiva discursiva presente na filosofia propositiva de Habermas terá o condão de estabelecer as nuances entre normatividade e racionalidade diante do caráter compromissório das normas, e como estas encontram sua legitimação a partir da formação política da opinião e da vontade. / This work is scoped to the description of the possible relations between public opinion and law. At first, the claim turns to the demonstration of the direction taken by public opinion, from the socio-political context of the bourgeois public sphere, as described by Jürgen Habermas. Understanding the elements as "publicity" to be given to issues of public policy, and "accessibility" to be provided at the meeting of a public holding their views freely, it is possible to anticipate some of the conceptions of justice that is internalized in people even under a universalist perspective that goes beyond the narrow interests to the litigants, from the perspective of morality. The explanation will give rise to the characterization of the moral dimension of law. On the other hand, will emphasize the role of procedural discourse necessary to reach consensus and rationale of the rules of creating and applying rules, even on occasions when the argument is established by ethical or pragmatic discourse, away from the moral order. Thus, the analysis of the discursive approach right under this purposeful philosophy of Habermas have the power to establish the nuances between normativity and rationality in face of mandatory standards, and how they find their legitimacy from the political formation of opinion and will.

This thesis examines professional supervision practice under new public management from the perspectives of probation officers and service managers in the Community Probation Service. In particular, the research explores the participants’ philosophy of professional supervision, their recent supervision experiences, and their aspirations and expectations with regard to professional supervision. In order to provide a background for an informed analysis and discussion of the research findings, the thesis discusses the key themes in the social service supervision and new public management literature. It also examines the Community Probation Service’s context and the history of new public management and professional supervision in this organisation. The thesis is a qualitative study that is informed by social work practice theory and utilises the phenomenological and hermeneutic approaches. The research findings show that amongst the participants there was: (a) an unclear philosophy of supervision; (b) minimal recent experience of supervision and little ownership or support for the agency supervision project; (c) a belief that the context increased their need for supervision, but at the same time reduced their ability to receive or participate in it; (d) an expectation that professional supervision would assist them to work more effectively with clients and staff; (e) an expectation of good committed supervisors who would support and help them develop; and (f) an expectation that the agency would support professional supervision through resourcing, guidelines, accredited supervisors and the establishment of a learning culture. The major implications of these findings are that: (1) there is a need for staff to be socialised into professional social service supervision; (2) that the professional supervision programme within the Community Probation Service, as currently implemented, is unlikely to be successful; and (3) that professional social service supervision needs to be focused upon persons and their environments, rather than upon the agency.

From 1840 to the present, the Treaty of Waitangi has been a subject of some significance in New Zealand – a distinctive but subtle thread running through the fabric of the country’s history and shaping attitudes to race relations. A conviction strongly held by New Zealanders is that the treaty has made the country different from other nations, that it initiated an experiment in race relationships that has secured reasonable accord over the years. Only as the climate of public opinion has shifted slightly in the last twenty years and as Maori protest about failure to obtain treaty rights has become more strident have these convictions been challenged.

From 1840 to the present, the Treaty of Waitangi has been a subject of some significance in New Zealand – a distinctive but subtle thread running through the fabric of the country’s history and shaping attitudes to race relations. A conviction strongly held by New Zealanders is that the treaty has made the country different from other nations, that it initiated an experiment in race relationships that has secured reasonable accord over the years. Only as the climate of public opinion has shifted slightly in the last twenty years and as Maori protest about failure to obtain treaty rights has become more strident have these convictions been challenged.

This thesis examines professional supervision practice under new public management from the perspectives of probation officers and service managers in the Community Probation Service. In particular, the research explores the participants’ philosophy of professional supervision, their recent supervision experiences, and their aspirations and expectations with regard to professional supervision. In order to provide a background for an informed analysis and discussion of the research findings, the thesis discusses the key themes in the social service supervision and new public management literature. It also examines the Community Probation Service’s context and the history of new public management and professional supervision in this organisation. The thesis is a qualitative study that is informed by social work practice theory and utilises the phenomenological and hermeneutic approaches. The research findings show that amongst the participants there was: (a) an unclear philosophy of supervision; (b) minimal recent experience of supervision and little ownership or support for the agency supervision project; (c) a belief that the context increased their need for supervision, but at the same time reduced their ability to receive or participate in it; (d) an expectation that professional supervision would assist them to work more effectively with clients and staff; (e) an expectation of good committed supervisors who would support and help them develop; and (f) an expectation that the agency would support professional supervision through resourcing, guidelines, accredited supervisors and the establishment of a learning culture. The major implications of these findings are that: (1) there is a need for staff to be socialised into professional social service supervision; (2) that the professional supervision programme within the Community Probation Service, as currently implemented, is unlikely to be successful; and (3) that professional social service supervision needs to be focused upon persons and their environments, rather than upon the agency.

From 1840 to the present, the Treaty of Waitangi has been a subject of some significance in New Zealand – a distinctive but subtle thread running through the fabric of the country’s history and shaping attitudes to race relations. A conviction strongly held by New Zealanders is that the treaty has made the country different from other nations, that it initiated an experiment in race relationships that has secured reasonable accord over the years. Only as the climate of public opinion has shifted slightly in the last twenty years and as Maori protest about failure to obtain treaty rights has become more strident have these convictions been challenged.

The major problems associated with trade secret law in New Zealand are that it is confused in definition and in jurisdiction. This confusion contributes to the failure of trade secret law in some instances, particularly to protect information created in the emerging biotechnology and computer software industries. This has contributed to alternative forms of protection, notably through copyright for computer programs. From a review of the current law, categories of trade secrets are identified, including sub-patentable and patentable trade secrets. The jurisdictional dispute may be resolved if it is recognised that trade secrets represent a form of property right. To this end, the legal and economic approaches to property rights are synthesised. This synthesis is then extended to create a legal-economic model of the justifications for, and the problems with, the protection of these rights: the intellectual property rights continuum. From this model, it is concluded that some legal protection of trade secrets is justified, provided that equally harmful effects are not created. In particular, sub-patentable trade secrets may warrant greater protection, and patentable trade secrets may be over-protected. One proposal is to punish industrial espionage, although some harmful effects may result. Utility models and laws that protect trade secrets in general are considered and rejected as solutions. Instead, patents of improvement (PI) are proposed which would protect trade secrets that represent an advance on an existing patent. PI would represent a lower standard of inventiveness that is adopted from American biotechnology patent disputes, and so protect sub-patentable trade secrets. The other, higher threshold from the existing English patent law would remain as the patent standard. If a PI were granted to a patent owner, then s/he could practise price discrimination, but if granted to a rival, then competition could result. Either outcome could protect trade secrets, yet mitigate the harmful effects of legal protection. If these proposals were adopted, more information could be produced as well as utilised. Moreover, the growth of the biotechnology and computer software industries in New Zealand could be furthered.