In this thesis I will discuss and criticize different legitimation for lawmaking, including ancient and contemporary Chinese theories, and Western representative perspectives on lawmaking. I will disclose disadvantages of Chinese lawmaking system. As a new research project of Chinese law, I argue that both the traditional and contemporary Chinese lawmaking lacked elements of communication. The top-down lawmaking mode was the reality as well as the dominant theoretical justifications of legislation in China. I believe that the top-down lawmaking mode in China was insufficient in its justifications for legitimacy; neither was it beneficial for increasing the degree of individual freedom and rights. Therefore it is better to absorb positive Western lawmaking elements, especial taking a shift from a non-communicative mode to a more interactive and cooperative mode. Western theories of lawmaking could contribute to Chinese future legal reform. Theories of disagreement and individual freedom have positive contributions to this proposed change. After my introduction and analysis of Western theories, I attempted to escape from pure theoretic discussion about law and legality, and try to provide a practical application of communicative lawmaking in China. Relying on the contributions of Western lawmaking theories, but at the same time realizing their difficulties in their application in Chinese contexts, I believe that Confucianism, a Chinese philosophy of love and law could contribute to a discourse theory of lawmaking. The core of Confucianism, Ren (‘仁’ , loving the people, humanism) provided a possible theoretical background for a discourse theory. Professor Bankowski’s argument for the interplay of law and love, the inside and the outside systems, also initiated a debate for the communicative decision-making, and is thus employed to solve the difficulty of applying Western theories into Chinese contexts. The ‘appropriate’ lawmaking in this thesis refers to a communicative lawmaking mode, in contrast to the non-communicative mode that defended by Chinese legalism and contemporary justifications of lawmaking. I attempt to introduce this interactive and cooperative lawmaking structure to balance individual rights and state interests. This structure would go against the grain of the traditional top-down legislation. In this new structure individuals’ voice could be heard and paid attention to, which is a system of achieving Ren ( humanism).

The thesis is mainly focused on the creation of laws, i.e. how they are produced, who makes them, who has a real influence on the law-making and how the legislative process looks like with its specific rules. This search is conducted not merely in the Czech Republic but also in the neighborly Federal Republic of Germany.

1 Generally binding regulations of municipalities for securing local issues of public order Abstract This master thesis deals with generally binding regulations of municipalities for securing local issues of public order in pursuance of finding out to what extend and quality the municipalities do use the authorisation for lawmaking in independent competence while regulating the activities that disrupt public order; and also in pursuance of finding out how the individual municipal councils base their decisions on the knowledge of the local environment. In the introductory part the essential terms for better understanding of the area are defined. There are terms as municipality, public order, public place and generally binding regulations, while the understanding of the imprecise legal concept of public order is compared to the interpretation in neighbouring countries. Furthermore, the history of municipal self-government from the year 1848 up to the present day is summarized while presenting its importance and focusing on municipal lawmaking in independent competence. Considering that the approach of the Constitutional Court to the enabling provision of Article 104, paragraph 3 of the Constitution of the Czech Republic has developed, this thesis also analyses this genesis that is nowadays important for the...

Der Aufsatz stellt den Stand der Institutionalisierung von Folgenabschätzungen im Prozess der Gesetzeserstellung in der Exekutive in Großbritannien dar. / The paper examines the practice of Impact Assessments in the legislative process in Great Britain.

The aim of this master thesis is to deal with and systematically describe the legislative process which is regulated by law and also the legislative process at the level of the government which has not been formalized completely. The phenomenon of legislative process significantly influences the legal and social environment in the Czech Republic. The first and the second chapter is focused on theoretical definition of the legislative process and deals with the legislative process at the level of the Parliament. Special attention is paid to the lacks of legal regulation and practice, such as to changes implemented by the amendment of the Rules of Procedure of the Chamber of Deputies from 2015. It is also dealt with the Collection of Laws and its intended electronization. The third chapter is related to the position of the government within the legislative process. The government is the most important initiator of lawmaking, as it has the expert workers of ministries which create the legal drafts at its' disposal. Due to the accession of the Czech Republic to the European Union, the government must deal with the topic of compatibility of the Czech and EU law. The level of compatibility depends especially on the quality work of individual ministries. Planning of legislation works is also connected to this...

“[T]o devise development planning without the participation of [rural] women is like using four fingers when you have ten.” Both lack of access to energy and climate change threatens poverty reduction and sustainable development in Nigeria. Most poor communities in Africa use inadequate fuels and are highly vulnerable to the impacts of climate change, with women bearing most of the social, economic, and environmental costs. Promoting access to affordable and sustainable energy through policy interventions is one crucial path to achieving sustainable development. Renewable energy offers countries the opportunity to meet the energy demands of the poorest and most vulnerable in each society, and thereby achieve many of the sustainable development goals, such as: hunger and poverty eradication, gender equity, affordable and clean energy, climate action, and maternal health. The Nigerian government is constantly formulating legal frameworks for renewable energy to expand the availability of energy (including electricity) to rural areas while reducing the impacts of climate change. Yet the extent to which these legal frameworks will be implemented successfully remain in doubt; as to date, Nigeria has been unable to achieve its stated goal of sustainable development. Why are renewable energy policies and laws in Nigeria not succeeding? This thesis asks whether one reason may be that Nigerian women living in rural areas have little role in both designing renewable energy laws and policies and participating in their effective implementation. This is a problem given that rural women are the primary users of unsustainable energy, they suffer most from its negative impacts, they are the main beneficiaries of rural electrification, and the closest to the needs and capacities of the population in rural communities. This thesis is mainly qualitative. Multiple approaches (feminist historical research, documentary or doctrinal analysis as well as analysis by specific illustrative examples) were used to explore the phenomenon of why the Nigerian government’s concerted efforts at developing the legal frameworks for renewable energy have not yielded their desired goals of promoting sustainable development, and what lessons could be learned from South Africa. In addition to contributing to the gender and renewable energy literature, the research attempts to develop a blueprint for inclusive approaches to renewable energy law. It investigates how renewable energy legal and institutional frameworks could effectively include rural women. Using ideas from feminist legal theorists, the thesis makes a case for why rural women should be considered suitable stakeholder participants. It concludes that renewable energy policy- and law-making processes which consider the voices and active participation of rural women could encourage an increase in the generation, distribution, and use of renewable energy in the poorest inaccessible areas while closing the gap between renewable energy policies and laws, and sustainable development. Finally, it recommends that renewable energy policies and laws should increase rural women’s participation by using among other things “recognition politics,” which allows for the representation of subordinate social groups in bodies such as Parliaments; for example, by using measures such as mandatory affirmative action – quota system clauses, and techniques such as“Taking Parliament to the People.”

京都大学 / 新制・課程博士 / 博士(法学) / 甲第25058号 / 法博第304号 / 新制||法||181(附属図書館) / 京都大学大学院法学研究科法政理論専攻 / (主査)教授 濵本 正太郎, 教授 酒井 啓亘, 教授 玉田 大 / 学位規則第4条第1項該当 / Doctor of Agricultural Science / Kyoto University / DGAM

Este trabalho tem como objeto de pesquisa o processo de consulta pública online para elaboração do Marco Civil da Internet, nova lei que dispõe sobre os direitos dos usuários de Internet no Brasil. Ele busca responder às seguintes perguntas: (i) como foi idealizado processo de consulta pública online do Marco Civil da Internet? (ii) Como a consulta foi gerenciada e executada? (iii) Quais foram os resultados da consulta em termos de soluções jurídicas aos conflitos políticos do setor da Internet? A proposta é realizar uma descrição desta experiência de participação social pela Internet a partir de um mapeamento das contribuições dos cidadãos e instituições, de informações em fontes variadas (imprensa especializada ou não e outros trabalhos acadêmicos) e do confronto deste levantamento com entrevistas dadas pelos gestores do projeto sobre seu planejamento e execução. A pesquisa trabalhou com a hipótese de que a consulta pública online que elaborou o Marco Civil da Internet se colocou como alternativa a um debate instaurado dentro do Congresso Nacional e bloqueado por propostas de lei de enfoque penal. O resultado da pesquisa sugere a confirmação dessa hipótese, bem como a relevância da experiência analisada para o sucesso uma estratégia política de reversão dessa agenda legislativa anterior. / Between 2009 and 2011 the Office of Legislative Affairs of the Ministry of Justice (SAL/MJ), in partnership with the Center for Technology and Society at Fundação Getúlio Vargas (FGV-CTS), organized a virtual platform to collect peoples comments and insights for a new bill that promises to establish a regulatory framework for the Internet: the Marco Civil da Internet. This work aims to describe this experience, addressing the following issues: (i) how the process was created; (ii) how it was managed and operationalized; and (iii) which outputs it produced in terms of legal solutions solving Internet regulation dilemmas. The research tested the hypothesis that the public consultation process revealed a turning point of the Brazilian Internet regulation debate, which was dominated by criminal-related approaches. The study suggests that the hypothesis was correct and that the analyzed experience was relevant in a reexamination of that previous political agenda.

A basic tenet and challenge of copyright law is the need to balance the interests of a range of stakeholders, from authors and performers to publishers, producers, broadcasters, intermediaries, service providers and the general public. To ensure that this balancing act takes place, policymakers involve organisations representing these stakeholders in the development of policy and the drafting of legislation in several ways, including through meetings, public consultations, and stakeholder dialogues. However, the process by which stakeholders steer the course and substance of copyright law and policy, their behaviour, as well as the varying extent to which they impact and characterise the copyright policy framework, have rarely been the specific focus of empirical research in IP. The present thesis examines creators’ organisations (COs) as participants and shapers of copyright policy. Through a socio-legal study into the workings of The Society of Authors, the Authors’ Licensing and Collecting Society, the Musicians’ Union, and the Performing Right Society on several contemporary policy issues, the thesis observes how two types of organisations: trade unions and collective management organisations, across the music and publishing industries, engage in policy work. Through in-depth analysis of primary data obtained from interviews with CO representatives as well as documentary data (public consultation responses, policy briefings, press releases, reports, academic studies, and more), the thesis captures and discusses differences in the behaviour of these actors and argues that these differences are not fully understood by policymakers. It illustrates how factors such as an organisation’s mandate, resources, membership composition, political power, and self-concept, influence an organisation’s policy proactivity. Some actors may be more concerned with influencing the copyright policy agenda itself, while others primarily seek to shape its outcomes. The thesis also identifies power dynamics and imbalances between the COs and argues that some actors are in a better position to effectively participate in policy compared to others. Furthermore, it discusses the effects of the plurality of actors with varying interests and priorities, as well as the competition of policy issues that this provokes. In this context, the thesis illustrates the complex structure of the copyright policy environment and, in particular, the role of umbrella organisations and ad-hoc coalitions in the furtherance of a particular policy issue or position. It concludes that as a result of complex stakeholder dynamics, power imbalances, and policymakers’ insufficient understanding of these phenomena, certain creators’ issues will not surface onto copyright policy agendas and will thus remain unaddressed by copyright law. The thesis further concludes that complex stakeholder dynamics challenge the objective of developing evidence-based policy and render the copyright policy process unclear and its outcomes unpredictable. Given the disparity of views and positions on many copyright law issues, policymakers often attempt to shape law and policy outcomes as a compromise between different stakeholder interests. However, this does not always produce sound or appropriate results for copyright law.

This diploma thesis deals with the Thomas Aquinas´s Conception of Natural Law. The fundamental content of thesis is the Czech translation and critical Commentaries of English written articles. Thesis is divided into three parts. There is a theoretical foundation for Natural Law Conception and Thomas Aquinas themes in the first part, the Critical Commentaries of translated articles in the second part and the translated articles in the third part of diploma thesis. Translated articles are the philosophy studies of Natural Law and its relation to the Lawmaking, the Logic of Ethical Discourse and the Human Rights. There are copies of original English written articles as diploma thesis attachments.