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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
311

Ameliorating chartered accountants' training at a South African university : interventions for reform / N. van der Merwe

Van der Merwe, N January 2014 (has links)
The profession of chartered accountancy (CA) is critical to the economic, social and cultural development of South Africa. It has the potential to play a broader leadership role in the development of the financial skills the country needs so desperately. Extensive research has shown that South Africa has far too few CAs to satisfy the needs of the economy. The profession itself is, however, facing numerous challenges especially given the high expectations of employers of newly qualified CAs and the image of the profession in South Africa in regard to transforming professional demographics, a vestige of the apartheid regime. Many commentators agree that the fundamental flaw in accounting education is that it has remained static while the profession has changed. There is growing consensus among accounting professionals that recent accounting graduates do not adequately meet the standards set by potential employers in the modern, globalised business environment. One university that offers an accredited CA programme is the North-West University (NWU) which is perfectly placed to draw students from rural and urban areas alike; it has the potential to make a significant contribution to the accountancy skills shortage of the country and, hence, contribute to the economy and broader society. However, being newly formed as a result of government‟s merger of various historic institutions, the NWU faces some tough challenges in its endeavours to contribute to the delivery of CAs. The NWU must identify and break down the barriers, limitations and weaknesses that prohibit its students from achieving optimal results, especially the barriers that can, at least partly, be controlled or influenced by the university. The various studies reported on in this thesis are all built around this pivotal theme, i.e. they all endeavour to reveal the hurdles the institution needs to overcome or the areas that require improvement to ensure that the NWU successfully delivers as many as possible CA graduates of the highest quality and to the optimal benefit of employers and broader society. Ultimately, this study wishes to provide the NWU with the information it needs to reform its CA programme in line with this goal. In broad terms, this study, therefore, aims to establish the extent of the barriers to success of the CA programme at the NWU and to make recommendations on appropriate interventions to address such issues. To address the broad aim of this thesis, it is divided into five subordinate research projects, each designed to identify areas in the NWU‟s CA programme that necessitate amelioration. The first project has the primary objective of comparing and critically analysing differences in curriculum, teaching and learning methods, and assessment between the NWU CA programme and the professional accountancy department of a comparable university in the United Kingdom (UK) (so as to identify possible interventions for the NWU programme). It would be imprudent for any organisation not to look first towards international best practice in search of interventions, and a comparable UK institution is an obvious choice given the similarities in degree structures, the South African higher education framework having originally developed from the UK framework. The method employed is a case study involving the comparison of the qualification frameworks of the two countries involved and of two specific accounting degrees in regard to curriculum, teaching and learning, and assessment, including the inspection of institutional documentation and an analysis of focus group transcripts involving academic staff from either institution. The remainder of the projects delve into more specific internal concerns regarding the NWU‟s CA programme. The second project has the objective of identifying and gauging the strength of possible barriers to student achievement (as identified in the literature) in the NWU‟s CA programme and, with a view to gaining insight into transformation constraints, the third project aims to assess whether there are differences in the perceptions of the NWU‟s CA students from different campuses and different ethnic backgrounds regarding the efficacy of various students achievement drivers. Both these projects involve a written survey on student perceptions on achievement barriers affecting the NWU. The participants to these projects were 790 CA students and the results are analysed statistically. The strength of achievement barriers and transformation constraints indicated in the accounting education literature might not reveal the complete picture of the reasons why students fail, especially at the first-year level where failure and dropout are often of great concern. To, therefore, determine the full range of barriers, the fourth research project has the objective of diagnosing any possible reasons for student failure (that are not necessarily addressed in the literature) and, more specifically, failure to complete the first year of CA studies at the NWU successfully. This project is approached in a wholly qualitative manner through a discursive analysis of four separate focus group interview transcripts involving a total of 29 randomly selected failed CA students. The first four research objectives reveal a number of weaknesses in the NWU‟s CA programme in need of amelioration, and various recommendations are made in this regard. A major theme arising is the lack of skills development and assessment opportunities afforded to students in the NWU CA programme. The thesis then explores the use of integrated case studies and business simulation assignments as educational tools to address this problem. Faithful to the fifth research objective of developing and evaluating a prototype of the most needed tool recommended as an educational intervention, an actual inter-disciplinary integrated case study and business simulation assignment is developed to enhance students‟ professional skills. The success of the assignment is evaluated by having 56 third-year CA students actually complete the assignment and then testing their experiences thereof utilising an adapted questionnaire designed for this purpose, followed by statistical analysis of the data. The contributions of this thesis are manifold including, but not limited to, the identification of a variety of areas for amelioration in accounting education practices, being one of very few comprehensive studies that investigates many achievement barriers holistically. This thesis sheds new light on some themes that have not yet been sufficiently researched in prior literature, including the value of career-oriented communication, transformation in accounting education, student failure in South African accounting education and the usage of inter-disciplinary integrated case studies or simulations in accounting. It further contributes a new empirical questionnaire, the reliability of which has been confirmed, making further research possible in various other settings. It benchmarks South African accounting education to that of at least one developed country; such international comparisons are scarce in the accounting education field, especially involving Africa. Moreover, it offers explanations for the drivers of pedagogical approaches in accounting education with reference to various forces rooted in institutional theory and education theory. The author, however, believes that the most practical contribution of this thesis is the actual inter-disciplinary case study and business simulation assignment which can be used or adapted by accounting educators to develop and assess professional skills and which provide some evidence of students‟ experiences of such an assignment that can inform the development of future assignments. Inter-disciplinary integrated tools are scarce in this field. The thesis is of managerial value for the NWU, but its findings are not confined to the domain of this institution, as they should provide useful insight for other institutions and accounting educators, as well as government(s) and professional bodies as the guardians of the profession. Delivering a higher quantity of better qualified CAs, especially from the designated population groups, are to the benefit of the whole country. Most of all, this thesis provides evidence of efforts to make a difference in the continuous quest to ameliorate accounting education one step at a time. / PhD (Accountancy), North-West University, Potchefstroom Campus, 2014
312

The role of the Supreme Court in the development of constitutional law in Ghana

Bimpong-Buta, S. Y., 1940- 01 February 2005 (has links)
The theme running through this dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana. The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court's contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim? The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. The 1992 Constitution itself is founded on the premise that there are limitations to the enjoyment of fundamental human rights and freedoms. What is the extent of such limitations as determined by the Supreme Court? What has been the Supreme Court's contribution to the sustenance of political stability and democratic governance and, especially, in matters relating to coup d'etats and to enforcement of the Constitution itself as distinct from the enforcement of fundamental human rights and freedoms? Has the Supreme Court power to enforce the Constitution and the existing law where there is proven case of injustice and illegality? Has the Supreme Court power to enforce Directive Principles of State Policy as formulated in chapter 6 of the 1992 Ghana Constitution? / Jurisprudence / LL.D.
313

Affirmative action, equality and Section 8 of the constitution

Van Wyk, M. W. 11 1900 (has links)
The constitutionality of affirmative action in terms of section 8 of Act 200 of 1993 is investigated. The study contends that in constitutional interpretation it is permissible to have recourse to ethical precepts as long as these are anchored within the four corners of the Constitution. It is contended that the •equality clause• does not prescribe equality of outcome in favour of substantive equality of opportunity. It is asserted that group-based affirmative action may justifiably be attacked as being unconstitutional; either on the basis that it infringes the nonbeneficiary's equality rights in terms of sections 8(1) and 8(2) or that it falls beyond the constitutional protection afforded to affirmative action in terms of section 8(3). Furthermore, group-based modalities of affirmative action may also not constitute a permissible limitation on the fundamental right to equality, if compared to an individual-based socio-economic affirmative action model. / Jurisprudence / LL. M.
314

Les expériences de maintien en emploi au travers de la trajectoire de transplantation rénale : une description qualitative

Gaudet, Keira 09 1900 (has links)
No description available.
315

O princípio da proteção especial da família: uma vertente da extrafiscalidade no Direito Tributário

Melo, Samuel de Castro Barbosa 27 November 2015 (has links)
Made available in DSpace on 2016-04-26T20:24:01Z (GMT). No. of bitstreams: 1 Samuel de Castro Barbosa Melo.pdf: 1155187 bytes, checksum: efc87d22b8f5be99919330b7c937628e (MD5) Previous issue date: 2015-11-27 / Resulting from the study of the structural combination of the legal, political and family systems carried out by the Constitution and based on systems theory by Niklas Luhmann, this investigation examines the applicability of the special protection of the family within the national tax system. In general terms, after identifying the structures of the different systems that coexist in the constitutional sphere, this study analyzes the de-patrimonialization and repersonalization of Family Law before constitutional principles. Going deep into the national tax system, we examined the normative dimensions of the limiting principles of the taxing power. Departing from the study of the doctrine and decisions of international Constitutional Courts, it was sought a new conceptual analysis of the principles of tax equality and ability to pay upon the incidence of the principle established in Article 226, caput, of the 1988 Federal Constitution. Other issues like the doctrinal discussion on the evolution and establishment of fundamental rights in international instruments and in the current Constitution, and the transposition of the overprinciple of human dignity under the tax law will also be addressed. It will be also to brought to light the influence of fundamental human rights under the tax law as well as their application to non-taxation of the existential minimum. This study will then examine the various aspects of the normative content of family s special protection principle: institutional guarantee, constitutional limitation on the power to tax, immunizing norm of the family existential minimum and extra fiscal function. The system of family taxation will be addressed, going further to the examination of the techniques adopted in alien and national law. It will be also analyzed the flaws made by national legislation on the taxation of goods and expenses, essential for family maintenance. Finally, the tax on household income will be considered as a tool to promote it, evidencing its extra fiscal aspect / A partir do estudo do acoplamento estrutural realizado pela Constituição entre os sistemas jurídico, político e familiar, com fundamento na teoria sistêmica de Niklas Luhmann, inicia-se o estudo da aplicabilidade do princípio da proteção especial da família no âmbito do sistema tributário nacional. Em linhas gerais, após identificar as estruturas dos diferentes sistemas que convivem no espaço constitucional, o trabalho analisa a despatrimonalização e a repersonalização do Direito das Famílias perante os princípios constitucionais. Imergindo-se no sistema tributário nacional, o trabalho examina as dimensões normativas dos princípios limitadores do poder de tributar. A partir do estudo da doutrina e de decisões proferidas por Cortes Constitucionais estrangeiras, buscar-se-á nova análise conceitual dos princípios da isonomia tributária e da capacidade contributiva ante a incidência do princípio positivado no artigo 226, caput, da Constituição Federal de 1988. A discussão doutrinária acerca da evolução e da sedimentação dos direitos fundamentais nos diplomas internacionais e na atual Carta Magna e a transposição do sobreprincípio da dignidade da pessoa humana no âmbito do direito tributário também serão abordados. Buscar-se-á trazer a lume a influência dos direitos fundamentais do homem no âmbito do direito tributário, bem como os contornos por eles tracejados em relação à intributabilidade do mínimo existencial. Examinar-se-á o plúrimo conteúdo normativo do princípio da proteção especial da família: garantia institucional, limitação constitucional ao poder de tributar, norma imunizante do mínimo existencial familiar e função extrafiscal. O sistema de tributação das famílias será abordado, avançando-se para o exame das técnicas adotadas no direito alienígena e nacional. Analisar-se-ão os equívocos cometidos pela legislação nacional acerca da tributabilidade dos bens e despesas imprescindíveis para a manutenção da família. Por fim, o imposto sobre a renda das famílias será analisado como instrumento para a sua promoção, evidenciando-se o seu aspecto extrafiscal
316

O princípio da vedação do retrocesso e algumas limitações ao poder de tributar

Okamoto, Priscilla 29 May 2012 (has links)
Made available in DSpace on 2016-04-26T20:20:58Z (GMT). No. of bitstreams: 1 Priscilla Okamoto.pdf: 566646 bytes, checksum: 457a8c75c7c44548c851a4446443b007 (MD5) Previous issue date: 2012-05-29 / The purpose of this study is to explore the possibility to apply the principle of the retrocession prohibition to some constitutional rules that deal with limitations on the taxing power. In order to accomplish this, first, the principle of retrocession prohibition was explored. Second, the research studied concepts related to the non cumulativity of ICMS, IPI, PIS/Pasep and Cofins, the ability to pay principle, the selectivity of the ICMS and IPI, the tax exemption, the immunity and the suitable tax treatment for the cooperative act. Based on each limitation, this work evaluated if it is possible to use the principle of retrocession prohibition to prevent the repeal of legislation that gives efficacy to these constitutional restrictions. The results have presented evidences that it is appropriate to apply this principle in some situations / Este trabalho tem como objetivo verificar a possibilidade de aplicação do princípio da vedação do retrocesso a algumas normas constitucionais que tratam de limitações ao poder de tributar. Para tanto, em primeiro lugar, foi estudado o princípio da vedação do retrocesso. Em seguida, foram apresentadas noções sobre a não cumulatividade do ICMS, IPI, PIS/Pasep e Cofins, o princípio da capacidade contributiva, a seletividade do ICMS e do IPI, a isenção, a imunidade e o adequado tratamento tributário ao ato cooperativo. Após o estudo de cada uma dessas limitações, foi averiguado se é possível invocar o princípio da vedação do retrocesso para impedir a revogação de legislação que confere eficácia a essas limitações constitucionais. Chegou-se à conclusão que é cabível a aplicação desse princípio em algumas situações
317

Copyright and culture : a qualitative theory

Fraser, Henry January 2018 (has links)
Copyright is conventionally justified as an incentive to produce and disseminate works of authorship. We can justify and theorise copyright more richly, not least because empirical evidence does not support the incentive narrative. Rather than focussing on quantitative matters such as the number of works incentivised and produced, we should consider copyright's qualitative influence on culture. A threshold objection to such an approach is the risk of cultural paternalism. This objection can be overcome. Rather than specifying paternalistic standards of merit for works, we can target the conditions under which their creation and consumption takes place. I argue, firstly, that we should adopt the following high-level principles: (i) that the conditions of creation and consumption of works should be conducive to democratic deliberation (democracy) and (ii) that they should facilitate the development of human capabilities (autonomy). Secondly, I propose that we pursue three mid-level objectives, which are helpful indicia of democracy and autonomy: - a fair and wide distribution of communicative and cultural power (inclusiveness); - diversity in the content and perspectives available to the public (diversity); and - conditions that permit authors and users of works to engage rigorously with the conventions of the media in which they operate (rigour). It is often said that copyright obstructs important qualitative objectives, like freedom of expression, and that we could better pursue these goals by weakening copyright and relying on non-proprietary alternatives. My approach produces a more optimistic, but also more complicated, view of copyright. While copyright's qualitative influence is not optimal, reductions in the strength and scope of copyright sometimes produces conditions and incentive structures that are worse for inclusiveness, diversity and rigour than stronger copyright. For example, both attention and wealth are highly concentrated in networked information economies driven by free sharing of content, and this is bad for diversity or inclusiveness. Online business models, based on surveillance of users' consumption of free works, are corrosive of autonomy and democracy. Merely removing copyright-based restrictions on the sharing of works is not a panacea for copyright's ills. A qualitative theory such as mine equips us to better understand and calibrate more richly the trade-offs involved in copyright policy decisions, and encourages us to treat copyright as part of a broader, qualitatively-oriented information and cultural policy.
318

Radiographic contrast-enhancement masks in digital radiography

Davidson, Robert Andrew January 2006 (has links)
Doctor of Philosophy / Radiographic film/screen (F/S) images have a narrow latitude or dynamic range. The film’s ability to record and view all the anatomy within the x-ray field is limited by this narrow dynamic range. The advent of digital radiographic means of storing and displaying radiographic images has improved the ability to record and visualise all of the anatomy. The problem still exists in digital radiography (DR) when radiographic examinations of certain anatomical regions are undertaken. In this work, the value of anatomically shaped radiographic contrast-enhancement masks (RCMs) in improving image contrast and reducing the dynamic range of images in DR was examined. Radiographic contrast-enhancement masks are digital masks that alter the radiographic contrast in DR images. The shape of these masks can be altered by the user. Anatomically shaped RCMs have been modelled on tissue compensation filters (TCFs) commonly used in F/S radiographic examinations. The prime purpose of a TCF is to reduce the dynamic range of photons reaching the image receptor and hence improve radiographic contrast in the resultant image. RCMs affect the dynamic range of the image rather than the energy source of the image, that of the x-ray photons. The research consisted of three distinct phases. The first phase was to examine physical TCFs and their effects on F/S radiographic images. Physical TCFs are used in radiographic F/S examinations to attenuate the x-ray beam to compensate for varying patient tissue thicknesses and/or densities. The effect of the TCF is to reduce resultant radiographic optical density variations in the image, allowing the viewer to observe a range of densities within the image which would otherwise not be visualised. Physical TCFs are commonly aluminium- or lead-based materials that attenuate the x-ray beam. A TCF has varying physical thickness to differentially attenuate the iii beam and is shaped for specific anatomical situations. During this project, various commonly used physical TCFs were examined. Measurements of size and thickness were made. Characteristics of linear attenuation coefficients and half-value thicknesses were delineated for various TCF materials and at various energies. The second phase of the research was to model the physical TCFs in a digital environment and apply the RCMs to DR images. The digital RCMs were created with similar characteristics to mimic the shapes to the physical TCFs. The RCM characteristics can be adjusted by the viewer of the image to suit the anatomy being imaged. Anatomically shaped RCMs were designed to assist in overcoming a limitation when viewing digital radiographic images, that of the dynamic range of the image. Anatomically shaped RCMs differ from other means of controlling the dynamic range of a digital radiographic image. It has been shown that RCMs can reduce the range of optical densities within images with a large dynamic range, to facilitate visualisation of all anatomy within the image. Physical TCFs are used within a specific range of radiographic F/S examinations. Digital radiographic images from this range of examinations were collected from various clinical radiological centres. Anatomically shaped RCMs were applied to the images to improve radiographic contrast of the images. The third phase of the research was to ascertain the benefits of the use of RCMs. Various other methods are currently in use to reduce the dynamic range of digital radiographic images. It is generally accepted that these methods also introduce noise into the image and hence reduce image quality. Quantitative comparisons of noise within the image were undertaken. The anatomically shaped RCMs introduced less noise than current methods designed to reduce the dynamic range of digital radiographic images. It was shown that RCM methods do not affect image quality. Radiographers make subjective assessment of digital radiographic image quality as part of their professional practice. To assess the subjective quality of images enhanced with anatomically shaped RCMs, a survey of radiographers and other iv qualified people was undertaken to ascertain any improvement in RCM-modified images compared to the original images. Participants were provided with eight pairs of image to compare. Questions were asked in the survey as to which image had the better range of optical densities; in which image the anatomy was easiest to visualise; which image had the simplest contrast and density manipulation for optimal visualisation; and which image had the overall highest image quality. Responses from 123 participants were received and analysed. The statistical analysis showed a higher preference by radiographers for the digital radiographic images in which the RCMs had been applied. Comparisons were made between anatomical regions and between patient-related factors of size, age and whether pathology was present in the image or not. The conclusion was drawn that digital RCMs correctly applied to digital radiographic images decrease the dynamic range of the image, allowing the entire anatomy to be visualised in one image. Radiographic contrast in the image can be maximised whilst maintaining image quality. Using RCMs in some digital radiographic examinations, radiographers will be able to present optimised images to referring clinicians. It is envisaged that correctly applied RCMs in certain radiographic examinations will enhance radiographic image quality and possibly lead to improved diagnosis from these images.
319

Radiographic contrast-enhancement masks in digital radiography

Davidson, Robert Andrew January 2006 (has links)
Doctor of Philosophy / Radiographic film/screen (F/S) images have a narrow latitude or dynamic range. The film’s ability to record and view all the anatomy within the x-ray field is limited by this narrow dynamic range. The advent of digital radiographic means of storing and displaying radiographic images has improved the ability to record and visualise all of the anatomy. The problem still exists in digital radiography (DR) when radiographic examinations of certain anatomical regions are undertaken. In this work, the value of anatomically shaped radiographic contrast-enhancement masks (RCMs) in improving image contrast and reducing the dynamic range of images in DR was examined. Radiographic contrast-enhancement masks are digital masks that alter the radiographic contrast in DR images. The shape of these masks can be altered by the user. Anatomically shaped RCMs have been modelled on tissue compensation filters (TCFs) commonly used in F/S radiographic examinations. The prime purpose of a TCF is to reduce the dynamic range of photons reaching the image receptor and hence improve radiographic contrast in the resultant image. RCMs affect the dynamic range of the image rather than the energy source of the image, that of the x-ray photons. The research consisted of three distinct phases. The first phase was to examine physical TCFs and their effects on F/S radiographic images. Physical TCFs are used in radiographic F/S examinations to attenuate the x-ray beam to compensate for varying patient tissue thicknesses and/or densities. The effect of the TCF is to reduce resultant radiographic optical density variations in the image, allowing the viewer to observe a range of densities within the image which would otherwise not be visualised. Physical TCFs are commonly aluminium- or lead-based materials that attenuate the x-ray beam. A TCF has varying physical thickness to differentially attenuate the iii beam and is shaped for specific anatomical situations. During this project, various commonly used physical TCFs were examined. Measurements of size and thickness were made. Characteristics of linear attenuation coefficients and half-value thicknesses were delineated for various TCF materials and at various energies. The second phase of the research was to model the physical TCFs in a digital environment and apply the RCMs to DR images. The digital RCMs were created with similar characteristics to mimic the shapes to the physical TCFs. The RCM characteristics can be adjusted by the viewer of the image to suit the anatomy being imaged. Anatomically shaped RCMs were designed to assist in overcoming a limitation when viewing digital radiographic images, that of the dynamic range of the image. Anatomically shaped RCMs differ from other means of controlling the dynamic range of a digital radiographic image. It has been shown that RCMs can reduce the range of optical densities within images with a large dynamic range, to facilitate visualisation of all anatomy within the image. Physical TCFs are used within a specific range of radiographic F/S examinations. Digital radiographic images from this range of examinations were collected from various clinical radiological centres. Anatomically shaped RCMs were applied to the images to improve radiographic contrast of the images. The third phase of the research was to ascertain the benefits of the use of RCMs. Various other methods are currently in use to reduce the dynamic range of digital radiographic images. It is generally accepted that these methods also introduce noise into the image and hence reduce image quality. Quantitative comparisons of noise within the image were undertaken. The anatomically shaped RCMs introduced less noise than current methods designed to reduce the dynamic range of digital radiographic images. It was shown that RCM methods do not affect image quality. Radiographers make subjective assessment of digital radiographic image quality as part of their professional practice. To assess the subjective quality of images enhanced with anatomically shaped RCMs, a survey of radiographers and other iv qualified people was undertaken to ascertain any improvement in RCM-modified images compared to the original images. Participants were provided with eight pairs of image to compare. Questions were asked in the survey as to which image had the better range of optical densities; in which image the anatomy was easiest to visualise; which image had the simplest contrast and density manipulation for optimal visualisation; and which image had the overall highest image quality. Responses from 123 participants were received and analysed. The statistical analysis showed a higher preference by radiographers for the digital radiographic images in which the RCMs had been applied. Comparisons were made between anatomical regions and between patient-related factors of size, age and whether pathology was present in the image or not. The conclusion was drawn that digital RCMs correctly applied to digital radiographic images decrease the dynamic range of the image, allowing the entire anatomy to be visualised in one image. Radiographic contrast in the image can be maximised whilst maintaining image quality. Using RCMs in some digital radiographic examinations, radiographers will be able to present optimised images to referring clinicians. It is envisaged that correctly applied RCMs in certain radiographic examinations will enhance radiographic image quality and possibly lead to improved diagnosis from these images.
320

The role of the Supreme Court in the development of constitutional law in Ghana

Bimpong-Buta, S. Y., 1940- 01 February 2005 (has links)
The theme running through this dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana. The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court's contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim? The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. The 1992 Constitution itself is founded on the premise that there are limitations to the enjoyment of fundamental human rights and freedoms. What is the extent of such limitations as determined by the Supreme Court? What has been the Supreme Court's contribution to the sustenance of political stability and democratic governance and, especially, in matters relating to coup d'etats and to enforcement of the Constitution itself as distinct from the enforcement of fundamental human rights and freedoms? Has the Supreme Court power to enforce the Constitution and the existing law where there is proven case of injustice and illegality? Has the Supreme Court power to enforce Directive Principles of State Policy as formulated in chapter 6 of the 1992 Ghana Constitution? / Jurisprudence / LL.D.

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