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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.

During the 1970s and early 1980s the historic contradiction between Maori and the colonial state publicly resurfaced, with high-profile Maori demands for the recognition of Maori sovereignty. By 1984 those demands became broader-based. They focused on the Crown's affirmation in the Treaty of Waitangi of continued Maori control over economic resources, independent political authority, and the protection of the Maori way of life. In the face of these pressures, the Labour Party, and later the fourth Labour Government, committed itself to a policy of recognising the Treaty of Waitangi. At the same time, New Zealand's under-developed capitalist economy was in crisis. Advocates of market liberalism within the Fourth Labour Government secured a power base from which they launched the New Zealand version of their paradigm, known as Rogernomics. The two policies were logically irreconcilable, and embodied the deeper, real contradiction of the colonial project itself. Once that logical contradiction became apparent, and the electoral implications became too costly, the Treaty policy gave way. The primary focus of this thesis is the role played by colonial law, legal ideology, and the legal intellectuals in mediating those contradictions during the 1980s. They helped to secure a passive revolution, whereby Maori demands were defused, and Maori resistance was subsumed within the political and judicial forums of the colonial state. This development is analysed within the framework of the dual state, whereby metropolitan and colonial social formations co-exist within the one national boundary, both dominated by the capitalist mode of production. In this thesis, that duality comprises Pakeha within New Zealand, and Maori within Aotearoa. The specifically legal dynamics are situated within the complex interactions of the economic, political, juridical, and ideological levels of that dual state during the 1980s. The thesis concludes that the colonial state did secure a passive revolution over Maori between 1984 and 1990. But this was, at best, a temporary reprieve. By the end of the Fourth Labour Government, in October 1990, many Maori remained committed to the anti-colonial struggle. It appeared that the fundamental contradictions of colonial capitalism, and the crisis of constitutional legitimacy for the colonial state, had not been resolved. They had merely been deferred.

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.

Although police generally exercise wide discretionary powers across most of their duties, it is with respect to young people that these powers are the most extensive. Both sociological and psychological factors influence the use of police discretionary powers. There are said to be strong relationships between authoritarianism, for example, and justice outcomes. Other measures, such as cynicism and punitiveness, have been observed to be influential predictors of police behaviour. Extending the work on jury decision-making, along with other police research, the present research examines use of police discretionary powers with young offenders. Sworn police officers from two jurisdictions, New Zealand and New South Wales, responded to written surveys about their past and intended future behaviour surrounding four crimes most commonly conducted by young offenders. In all, over 500 officers took part in the studies. Further, participants responded to a battery of personality and attitude questionnaires, along with questions about situational variables normally taken into consideration by officers. Results show that police behaviour towards the same offending varies greatly, both within and across jurisdictions. New Zealand police officers were much more likely than New South Wales police officers to report that they diverted, rather than arrested, young offenders who had committed shoplifting and burglary offences. However, when responding to scenarios of underage drinking and assault, it was New South Wales police who were more likely to divert young offenders. There were very few significant relationships between attitudes and behaviour when examining either group, with significant results possibly being a side effect of large sample sizes. Further there were few significant relationships when considering demographic or situational variables. However, in an exploration of police personality, through cluster analysis, evidence was found for different 'typologies', or resonances, of police. The results indicate that police are not an homogenous group. In addition, quite complex relationships between measures of police behaviour and individual difference were found within the resonances, with effect sizes showing moderate results. The findings support the need to investigate further personality typologies and extend them to the examination of attitude-behaviour relationships. In addition, research into the use of an attitudinal measure, such as discretionary ideology, as an alternative to measuring behaviour could be expanded. Moreover, broadening of the research into additional areas of the juvenile justice systems, such as legal representatives, magistrates, and youth detention centre officers, would provide further insight into the appropriate use of discretion within juvenile justice for both minor offending and more serious offending. / thesis (PhDBusinessandManagement)--University of South Australia, 2004.

Thesis (M.S.)--Ohio University, August, 2007. / Title from PDF t.p. Includes bibliographical references.

Thesis (Ph. D.)--University of Virginia, 2007. / Includes bibliographical references. Also available in electronic form as viewed 9 July 2008.

Thesis (Ph. D.)--University of North Texas, Aug., 2007. / Title from title page display. Includes bibliographical references.

Zugl.: Berlin, Humboldt-Univ., Diss., 2007