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<p>Canadian courts have struggled to develop a consistent and coherent approach for reviewing administrative decision-making. In particular, they have been unable to create a workable framework that will guide when the courts will show deference to administrative tribunal interpretations of law and when they will interfere with them, leading to a system of administrative law that is unpredictable and disorderly. This thesis develops a novel approach to administrative review centered on a conception of judicial due-deference that is correlated with a Razian account of legitimate authority. My argument is that administrative review is best understood as an exercise of inter-institutional decision-making in which diverse institutions within the meta-institution of government must work together to arrive at decisions that best secure government objectives. When reviewing courts recognize that administrative actors are better situated in particular circumstances to make decisions than the courts, they ought to show deference. On the other hand, when courts are better situated to handle these matters, deference is not to be shown. I begin in Part I by analyzing the history of Canadian administrative law jurisprudence through to the Supreme Court’s 2008 decision in <em>Dunsmuir</em>, highlighting the competing principles of the rule of law and democracy that animate the ‘Diceyan Dialectic’. In Part II, I articulate a complex theory of inter-institutional reasoning that demonstrates the important role of deference and authority in good government decision-making. In Part III, I apply this model to the circumstances of Canadian administrative review. I show how there are certain institutional strengths, as well as key limitations, with respect to how our superior courts can play a role in upholding the Rule of Law and democracy. Ultimately, I argue that the superior courts must pay attention to the unique institutional placement of administrative actors relative to them in order to discern if these non-curial actors possess greater authority and hence ought to be shown deference.</p> / Doctor of Philosophy (PhD)

yes / As the agenda for the United Nations (UN) 2001 Conference on The Illicit Trade in Small Arms and Light Weapons in All Its Aspects takes shape, governments should begin to identify a set of standards, mechanisms and specific agreements that will help consolidate, reinforce and co-ordinate regional and national measures to address the problem of the proliferation and misuse of small arms. An important element of this approach will be to build upon the wealth of regional and national experiences and perspectives that illustrate the different contexts in which efforts to combat the proliferation and misuse of small arms and light weapons have occurred. At the same time, agreements reached at the UN 2001 Conference should be substantial, establishing an agreed comprehensive `international action programme¿ f o r sustained global effort on this complex problem. However there remain issues and concerns that are common to all regions: these should be identified and addressed internationally within the context of the UN 2001 Conference. This briefing, the second in the Biting the Bullet series, reviews some of the current regional e fforts on small arms and light weapons. It identifies common approaches that have been used in different regions to counter the proliferation and misuse of small arms and light weapons, these include: law enforcement and crime control; supplier restraint and transparency; national legislation and regulation of arms; and arms reduction and control. The briefing analyses initiatives using these approaches that are moving forward in West Africa, Eastern and Southern Africa, the European Union (EU), and the development of cooperation between EU Member States and other countries and regional organizations, including Cambodia and the Southern African Development Community. The briefing identifies the impact and priorities of these initiatives, suggesting ways in which the UN 2001 Conference is both relevant to the region and what the region can contribute to the outcomes of the Conference. The briefing concludes with recommendations on the ways in which regional processes can be reinforced and further developed by the international community, focusing especially on the contribution of the UN 2001 Conference. Experience is showing that much of what happens nationally and regionally needs reinforcement and further development with assistance from the international community. The UN 2001 Conference comes at an important time for providing the framework ¿ through the international action programme ¿ to develop, reinforce and c o-ordinate these national and regional processes, through developing appropriate international norms, standards, programmes and mechanisms. Using the illustration of combating illicit arms trafficking, this briefing outlines some of the processes that could be taken forward through the UN 2001 Conference which would build upon and strengthen national and regional eff o r t s . The briefing contains an annex, which provides background information on many current regional and international initiatives, including those in Africa, the Americas, Asia, Europe and inter-regionally, such as the Organisation for Security and Co-operation in Europe and the North Atlantic Treaty Organisation.

yes / Measures to enhance the security and management of legal stocks of small arms and to reduce `surplus¿ weapons are clearly essential components of an effective international action programme to combat illicit trafficking and prevent and reduce the proliferation of small arms. Many of the weapons of concern are lost from official stockpiles through theft, corruption or neglect. Moreover, the existence of large quantities of `surplus¿ small arms is a major factor in the excessive availability and flows of these weapons. The primary responsibility for measures to address these problems lies with governments. Regional and international organisations involved in any way with managing and disposing of small arms also have important responsibilities to take action. Nevertheless, this is a global issue, and the entire international community should play a role in developing policies on the management of stockpiles and the disposal or destruction of surplus weapons. This briefing outlines the dimensions of the issues, drawing on recent experience, and identifies ways in which an international action programme could usefully be developed to address them.

yes / Since April 1998, the Vienna-based UN Economic and Social Council (ECOSOC) Commission on Crime Prevention and Criminal Justice has been negotiating the draft Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (hereafter referred to as the Firearms Protocol). This Protocol will be the first global measure regulating international transfers of small arms and light weapons, and should have a tremendous impact on both the legal and the illicit manufacture and trade in firearms. The draft agreement seeks to combat and criminalise trafficking in firearms, through the development of harmonised international standards governing the manufacture, possession and transfer of commercial shipments of these weapons. While the final outcome of the Protocol relies on the outcome of negotiations in February 2001, the draft agreement contains provisions which commit states, among other things, to: l Adopt legislative measures to criminalise the illicit manufacture, trafficking, possession and use of firearms; l Maintain detailed records on the import, export and in-transit movements of firearms; l Adopt an international system for marking firearms at the time of manufacture and each time they are imported; l Establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; l Exchange information regarding authorised producers, dealers, importers and exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states ability to prevent, detect and investigate illicit trafficking; l Co-operate at the bilateral, regional and international level to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms; and l Consider developing systems to require arms brokers, traders and forwarders to register and obtain licences for their transactions. The Protocol places a premium on international co-operation, information exchange and transparency. The provisions in the Firearms Protocol are an important complement to those being developed for the UN 2001 Conference. Issues such as improving the ability to trace small arms and light weapons through effective marking systems, regulating the activities of arms brokers and building international norms on the responsible disposal of surplus small arms are common to both initiatives.

yes / Efforts to combat and prevent illicit trafficking and proliferation of small arms and light weaponsEfforts to combat and prevent illicit trafficking and proliferation of small arms and light weapons (SALW) are obstructed by lack of capacity to trace sources and lines of supply for arms. Such efforts are necessary in order to identify points of diversion or loss of responsible control so that actions can be taken to tackle the problems. This hampers efforts to prevent future loss and diversion, for example, or to close down unauthorised or destabilising arms supply networks. Measures to enable tracing of sources and lines of supply of SALW are therefore a priority. Because of the international scope of the flows of SALW, such measures need to be taken by all states and all other relevant members of the international community. International standards and mechanisms to enable tracing need to be established and developed as a priority. An effective international system to enable tracing of sources and flows of SALW requires three essential elements: adequate marking to uniquely identify each weapon; detailed and accessible record-keeping; and mechanisms for international co-operation in tracing sources and lines of supply of SALW. At present there are substantial weaknesses and problems in each of these three areas. (SALW) are obstructed by lack of capacity to trace sources and lines of supply for arms. Such efforts are necessary in order to identify points of diversion or loss of responsible control so that actions can be taken to tackle the problems. This hampers efforts to prevent future loss and diversion, for example, or to close down unauthorised or destabilising arms supply networks. Measures to enable tracing of sources and lines of supply of SALW are therefore a priority. Because of the international scope of the flows of SALW, such measures need to be taken by all states and all other relevant members of the international community. International standards and mechanisms to enable tracing need to be established and developed as a priority. An effective international system to enable tracing of sources and flows of SALW requires three essential elements: adequate marking to uniquely identify each weapon; detailed and accessible record-keeping; and mechanisms for international co-operation in tracing sources and lines of supply of SALW. At present there are substantial weaknesses and problems in each of these three areas.

Made available in DSpace on 2016-04-26T20:29:48Z (GMT). No. of bitstreams: 1 Renato Castro Teixeira Martins.pdf: 1083653 bytes, checksum: e06707211cba98c41bcc338a7c81cda7 (MD5) Previous issue date: 2009-10-22 / The studies on the abuse of the procedures in the law process, found in the doctrine, are about punishment of the part and the indemnification of the injured part, especially in face of the malicious abuse of legal process hypotheses. The current paper aims to show that the technique of the so-called impertinence must be used as a manner to restrain the abuse of the law in the process, avoiding as much as possible injury to the parts and to Justice Administration, emphasizing its restraining role. The first part of the paper concerns the phenomena of the civil process constitutionalization, analyzing the constitutional guarantees that are directly connected to the theme of this study. On the second part, the theories of law abuse are analyzed, as well as their incidence on the material and procedural spheres concerning the law exercises of sueing and defending, including appeals and procedural incidents. The third part is dedicated to the study of many hypotheses of the so-called impertinence that are present in the Brazilian civil process system, analyzing the instructions of the doctrine and the understanding of the jurisprudence. Finally, we defend the use of the technique of the so-called impertinence in cases that are not explicitly seen in the system / Os estudos sobre o abuso do direito no plano processual, encontrados na doutrina, abordam o tema destacando a punição da parte e o ressarcimento do prejudicado, especialmente diante das hipóteses de litigância de má-fé. A presente dissertação tem o objetivo de mostrar que a técnica da manifesta improcedência deve ser utilizada como forma de coibir o abuso do direito no processo, evitando, tanto quanto possível, a ocorrência de danos às partes, ressaltando a sua característica inibitória. A primeira parte do trabalho aborda o fenômeno da constitucionalização do processo civil, analisando as garantias constitucionais que estão diretamente ligadas ao tema deste estudo. Na segunda parte, são examinadas as teorias sobre o abuso do direito, bem como a sua incidência nos planos material e processual, no que diz respeito ao exercício dos direitos de demandar e de defesa, inclusive por meio de recursos e incidentes processuais. A terceira parte é dedicada ao estudo das diversas hipóteses de manifesta improcedência que estão previstas no ordenamento processual civil brasileiro, analisando-se os ensinamentos da doutrina e os entendimentos jurisprudenciais. Ao final, defendemos a utilização da técnica da manifesta improcedência em casos que não estão previstos expressamente no sistema

L’émergence de la psychiatrie comme discipline distincte de la médecine somatique, dans la première moitié du XIXe siècle, s’inscrit dans le cadre de la réforme de la législation sur les aliénés, qui conduit à la création de nouveaux asiles publics dédiés au traitement des malades mentaux en Angleterre, dont celui du Comté du Middlesex, à Hanwell, en 1831. L’Asile de Hanwell, situé près de Londres, est un asile pour aliénés indigents, qui fonctionne de manière complémentaire par rapport à des institutions telles que les workhouses – emblématiques de la nouvelle Loi sur les Pauvres de 1834 – dans la prise en charge d’individus qui sont dans l’incapacité de subvenir à leurs besoins. Sous la direction du docteur John Conolly (1794-1866), qui, dès sa nomination à la direction médicale de l’établissement en 1839, met en place une politique de non-restraint (abandon des moyens de contention mécaniques) à une échelle jusqu’alors inédite, l’Asile de Hanwell est explicitement conçu comme un outil dont la fonction première est thérapeutique, dénué de toute intention punitive. L’influence que cet établissement exercera sur les institutions similaires en Angleterre dès les années 1840 contribue à l’optimisme thérapeutique quant au traitement des aliénés qui prévaut alors, et l’asile victorien, en dépit de ses imperfections, se veut un authentique refuge et un lieu de soins. La conception thérapeutique du Dr Conolly s’inscrit dans la continuité du traitement moral défini par le médecin français Philippe Pinel, mais s’inspire également des expériences menées à La Retraite (York), ou à l’asile de Lincoln. Cette thérapie innovante a la particularité de mettre l’accent sur la qualité de l’environnement et du mode de vie des patients, ainsi que sur les distractions diverses qui leur sont proposées : jeux, fêtes de Noël, kermesses, lecture, musique, sport et danse. La logique de soins qui s’applique alors, le moral management, repose sur une thérapie d’occupation. L’originalité de ce traitement sur le plan médical s’accompagne d’une dimension sociale, voire politique. En effet, loin de limiter ses ambitions au strict domaine médical, le Dr Conolly, connu pour son engagement en faveur de l’éducation populaire au sein de la Society for the Diffusion of Useful Knowledge, tout autant que pour son soutien au mouvement chartiste, mène un combat permanent, de 1839 à 1852, pour que les patients, hommes et femmes, aient accès à une instruction au sein de l’école de l’Asile, dont la création et le maintien sont loin de faire l’unanimité. Conolly envisage l’éducation comme un élément central, qui va bien au-delà d’une simple distraction pour les malades et représente un véritable outil d’insertion sociale et d’émancipation des classes populaires. Il rejoint en cela une conception owéniste de l’éducation, et l’école de l’Asile de Hanwell copie quasiment trait pour trait l’école de New Lanark telle qu’elle se présentait au début du XIXe siècle. Robert Owen (1771-1858) rend d’ailleurs visite à John Conolly dès sa nomination, au printemps 1839. Étudier l’expérience menée dans cet établissement emblématique sous l’autorité de John Conolly – non sans lien avec les expériences sociales menées par les owénistes – et l’influence que cette expérience a pu avoir par la suite dans le paysage psychiatrique victorien, permet d’analyser le non-restraint dans sa dimension thérapeutique, sociale et politique. L’Asile de Hanwell sera pendant près de trente ans une référence dans le traitement des aliénés, et servira de modèle à bon nombre d’institutions, particulièrement en Angleterre. L’influence de Hanwell s’estompera dans les années 1870, qui verront l’émergence de théories de l’hérédité peu compatibles avec le traitement moral. / The emergence of psychiatry as a separate discipline from general medicine, in the first half of the nineteenth century, was linked to the Lunacy Reform movement (County Asylums Acts) that led to the creation of new public asylums dedicated to the treatment of the mentally ill in England. The Middlesex County Asylum in Hanwell, built in 1831, was one of them. Hanwell Asylum, situated in the western suburbs of London, was a pauper lunatic asylum that operated as a complementary institution to the numerous workhouses – symbols of the New Poor Law of 1834 – taking care of people who were deemed unable to take care of themselves. As soon as he was appointed medical superintendent of the institution, in 1839, Dr John Conolly (1794-1866) implemented a whole new policy of non-restraint, applied on an unprecedented scale, and Hanwell Asylum under his leadership was explicitly and primarily intended to be a therapeutic tool, devoid of any punitive purpose. The influence of Hanwell on similar institutions, from the1840s onwards, contributed to the prevailing therapeutic optimism of the time, and Victorian asylums, despite their defects, were meant to be genuine places of refuge and care. Dr Conolly’s therapeutic methods were coherent with “moral treatment” as defined by French doctor Philippe Pinel, but were also based on previous experiences conducted at the York Retreat or Lincoln Asylum. One of the main features of this pioneering treatment was the special emphasis it placed on the high quality of the patients’ environment and way of life, as well as on the wide range of entertainment offered to them: games, Christmas parties, summer fêtes, reading sessions, music, sport and dancing. The approach favoured in terms of health care, a “moral management” approach, was grounded on the principles of occupational therapy. The originality of this treatment from a medical point of view was reinforced by its social and, indeed, political dimension. From 1839 to 1852, far from limiting his ambitions to a strictly medical field, Dr Conolly – well-known for his commitment to the cause of popular education, as a member of the Society for the Diffusion of Useful Knowledge, as well as for his support of the Chartist movement – actually kept on fighting for the right of male and female patients alike to receive proper instruction within the asylum school, which remained highly controversial and constantly threatened with closure. Conolly viewed education as a central element, going far beyond a mere distraction for the insane and truly constituting a tool for social insertion and a means of emancipation for the lower classes. His views on education were similar to the Owenite conception of education and the asylum school at Hanwell was a faithful replica of the New Lanark School at the beginning of the nineteenth century. Besides, Robert Owen (1771-1858) came to Hanwell Asylum and visited John Conolly soon after he was appointed superintendent there, during the spring of 1839. Studying the case of this emblematic institution and the experience carried out within its premises under John Conolly’s authority – an experience which may not be unrelated to Owenite social experimentation – and analysing the impact this experience may have had within the Victorian psychiatric landscape in the years that followed, is an invaluable way of understanding the non-restraint movement through its various dimensions: therapeutic, social and political. For nearly thirty years, Hanwell Asylum remained a benchmark in the treatment of the insane, and served as a model for many other institutions, particularly in England. Its influence began receding in the 1870s, with the emergence of theories of heredity that were hardly compatible with the tenets of moral management.

Assessment of trophic interactions between increasing populations of New Zealand fur seals (Arctocephalus forsteri) and fisheries in southern Australia is limited due to a lack of species specific demographic data and an understanding of the factors influencing population growth. To establish species specific demographic parameters a cross-sectional sample of New Zealand fur seal females (330) and males (100) were caught and individually-marked on Kangaroo Island, South Australia between 2000 and 2003. The seals were aged through examination of a postcanine tooth, which was removed from each animal to investigate age-specific life-history parameters. Annual formation of cementum layers was confirmed and accuracy in age estimation was determined by examination of teeth removed from individuals of known-age. Indirect methods of assessing reproductive maturity based on mammary teat characteristics indicated that females first gave birth between 4-8 years of age, with an average age at reproductive maturity of 5 years. Among reproductively mature females, age-specific reproductive rates increased rapidly between 4-7 years of age, reaching maximum rates of 70-81% between 8-13 years, and gradually decreased in older females. No females older than 22 years were recorded to pup. Age of first territory tenure in males ranged from 8-10 years. The oldest female and male were 25 and 19 years old, respectively. Post-weaning growth in females was monophasic, characterised by high growth rates in length and mass during the juvenile growth stage, followed by a gradual decline in growth rates after reproductive maturity. In contrast, growth in males was biphasic and displayed a secondary growth spurt in both length and mass, which coincided with sexual and social maturation, followed by a rapid decline in growth rates. Age-specific survival rates were high (0.823-0.953) among prime-age females (8-13 yrs of age) and declined in older females. Relative change in annual pup production was strongly correlated with reproductive rates of prime-age females and adult female survival between breeding seasons.