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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.
61

Teacher appraisal reforms in post-1994 South Africa : conflicts, contestations and mediations.

De Clercq, Francine 20 June 2011 (has links)
This thesis provides a trajectory policy analysis of post-1994 appraisal systems in South Africa by capturing the dynamics of these policies between different levels as well as the reasons these policies have changed and evolved in the way they did over the past 10 years. Its aim is to understand why and how various post-1994 South African teacher appraisals were negotiated, formulated and re-negotiated with their different impact on schools, taking into account the various tensions and contestations within appraisal and between stakeholders. The study attempts to make the following claims around issues of appraisal, policy analysis, multi-method research. First, because appraisal policies are socially constructed and politically contested, they are fraught with inevitable socio-educational tensions around the balance between teacher development and accountability, coming from the negotiations between the main stakeholders at various stages of the policy process. Second, because current policy analysis approaches have failed to address the increasingly complex domain and gap of policy-practice in an era dominated by the interplay of conflicting agendas and interests of various policy communities, an eclectic approach to policy analysis is used and recommended. This approach relies mainly on a political analysis, which conceives of policies as both constraining and empowering structures and texts which create space and opportunities for policy agency and leadership. Such political approach has to conceive of three different policy powers to reveal the various tensions and contestations around policies and the conditions of possibilities as well as to unravel how stakeholders interpret and mediate policy processes which are often fragile settlements constantly re-negotiated. This study focuses on the notion of enabling policy leadership and its mediation strategies to reveal how different agencies position themselves and strategize around policy tensions in the hope of strengthening their agendas. This policy leadership is also iv critical in ensuring a sufficiently strong policy settlement between education departments, schools, teacher unions and professional bodies over how to develop teachers and make them accountable for their performance Third, it argues that, despite post-1994 South Africa embarking on an era of stakeholder democracy, various stakeholders were gradually pushed to the margin of education policymaking, leaving teacher unions (because of their privileged position in relation to the ruling party) as the main party with which the department of education consulted and bargained. This exclusion of other stakeholders involved in quality education meant that professional associations were absent even though their input was desperately needed to negotiate how appraisal could feed into the enhancement of teacher professionalism and identities in the post-1994 school system. Finally, this study uses a multi-method research approach, involving formal research instruments as well as various data collection mechanisms involving different forums with stakeholders, such as oral hearings, review teams, seminars, conferences and written evidence over a period of two years to provide a richer form of triangulated data with rather interesting results. This data was analyzed and interpreted to identify patterns of policy contestations, negotiation and mediation strategies which assisted in theorizing further the policymaking processes and politics around appraisal as well as the role and limitations of policy leadership. This multi-layered empirical research work is essential if the complex and fluid positions and strategies adopted in various policy processes over time are to be unraveled.
62

Verkligheten och Idealet -En komparativ analys av demokratiska staters förhållande till statsskickets idealtyper

Almeen, Oscar, Karlsson, Daniella January 2019 (has links)
The system of government in modern democratic states can be categorized as presidential, semi-presidential or parliamentary depending on its relationship between the legislative, executive and judicial branches. This relationship is known as the separation of powers and is often regulated by a written constitution. While there are many studies explaining the ideal system, there are few researches made as to whether the states correspond with their theoretical ideals. This study aims at explaining the theories of Giovanni Sartori regarding these three different systems of government and thus creating an ideal for each system. With the help of case studies of three different states representing each system the study analyses as to whether the states of each system correspond with its ideals. The states chosen for this purpose is Australia as a representative of the parlamentaristic state, France as a semi-presidential system and USA which is a presidential system. All three of them are using a bicameral legislature and have a written constitution. The study aims to analyse the systems through a comparative method using a qualitative text analysis of the material used. The results of this study shows that while the states at large resembles its ideal, there are some deviations. Australia and the United States of America fulfills Sartoris three criterias for their respective system, while France deviates from a majority of its ideal criterias as a hybrid semi-presidential system.
63

Reshaping sovereignty powers in agriculture in the Limpopo valley, Mozambique (2004-2014)

Dos Santos Ganho, Ana January 2017 (has links)
Among the core concerns with the extraordinary proliferation of land deals in Africa - often referred to as "land grabs" - is that the signing of contracts between host states and foreign companies and/or other states for large swaths of territory and associated agribusinesses could represent an erosion of the host state's sovereignty powers. This concern reveals a double characterisation of the state, as weak in its sovereignty and, yet, as very able to negotiate and implement deals. Host states have been shown to be able to exercise sovereignty in those deals, what type of sovereignty - and whose -, however, remains in dispute. This thesis seeks to address this issue through a case study that focuses on the question how sovereignties are shaping and being shaped by land deals in Mozambique's Limpopo Valley. It specifically investigates the rice and sugar projects in areas of the Chokwe and Xai-Xai regadios. It considers land deals as a set of processes for international-domestic negotiation of goals and funding, followed by processes in the areas of decision-making, policy-making, and project implementation. Based on critical reappraisals of the concept of sovereignty, the thesis understands sovereignty as a set of powers that a state effectively has, beyond mere legal sovereignty, rather than an a priori attribute that a state does or does not possess, in zero-sum terms. As such it is an outcome of relational, inter-subjective processes and, thus, dynamic and historically contingent. Consequently, rather than absolute power over its territory and population, sovereignty is considered in terms of degrees of two types of political power practices, "command" power and "infrastructural" power, according to multiple and not always congruent state functions. To this, the thesis brings a notion of socially constructed state such that it is never neutral because a part of society and, thus socially embedded and produced. This allows me to move past the assumption of 'common good' and the moralist discussions of 'elite capture' and corruption. Based on this theoretical and analytical framework, the thesis posits irrigated agriculture and the state schemes hosting foreign projects as "sites" where actors' interests and powers are shaped relationally: the state (in different capacities), other states and their development agencies, foreign private sector actors and multiple domestic groups. The processes are studied at two levels. The first concerns how state "command" power is used to harness and/or defend against different international developments, negotiating international narratives and domestic needs, resulting in agricultural and water regulations, with ODA dependence for budgets. A subset of regulatory activity is the revisions to by-laws of management irrigation-scheme companies, as new representatives of central power locally. At the second level, the research focuses on interaction with Western equity and Chinese cooperation projects, two of the main types of investors, which come with different foreign management and funding models. Further, processes are embedded in historical trajectories of elite groups' moving away from agriculture since the 1980s, yet holding on to land entitlements, and of producers' displacement. This analytical framework allows research to effectively go beyond the notion of the state as either weak or able, considering it as polymorphous and acting in specific dimensions that no longer seem contradictory. Further, it illuminates the mutually constitutive nature of (sub)national and international dimensions of sovereignty, which tend to be exiled from each other in mainstream approaches to the notion, as well as the inextricability of political and economic powers in the 'sovereignty frontier' of post-conditionality states.
64

L'administration fiduciaire : Contribution à l'étude de la fiducie / Management of the french trust : Contribution to the study of french trust

Gouret, Camille 18 December 2017 (has links)
Arrivée à ces noces d’étain, la fiducie continue de déranger autant qu’elle déroute. Alors que tout oppose la prétendue propriété fiduciaire de la propriété, la doctrine, presque à l’unisson, défend ce mariage contre-nature. Pour administrer le patrimoine créé pour l’occasion, le fiduciaire se verrait confier la toute puissance d’un propriétaire, qu’il faudrait immédiatement s’empresser de contenir pour que fiduciant et bénéficiaire ne se retrouvent pas démunis face au fiduciaire roi dans son royaume. Pourquoi persister en ce sens ? N’est-il pas possible de puiser dans nos catégories juridiques au lieu de les épuiser ? Assurément, la réponse est positive. En replaçant l’affectation voulue par les parties au contrat au cœur de l’opération et en acceptant de sortir des sentiers battus, il est possible de rendre au fiduciaire sa véritable place, celle d’un administrateur de patrimoine doté de pouvoirs propres. L’analyse alternative proposée permettra à la fois d’éclairer le régime applicable, de lever certaines zones d’ombre et d’accroître l’efficacité de l’opération, en offrant au fiduciant et au bénéficiaire les moyens de faire face à un fiduciaire peu scrupuleux. / Introduced in the french law since ten years yet, the french trust, as know as « fiducie », keeps destabilising. While everything seems oppose that so-called fiduciary property and the real property, the doctrine preaches for assimilation. To manage the fiduciary estate, the trustee is said to own the whole power as a proprietor, but wich has to be straight away limited to spare the settler and the sestui que trust findind themeselves helpless in front of a powerfully trustee. Why then to prevail in this way ? Isn’t it possible to deal with others mechanism of the legal arsenal instead of altering it ? Doubtlessly, a positive answer has to be given. To focus attention on the allocation (affectation) and to depart from the beaten tracks, allow to take back the trustee his rightful palce : he is an estate manager provided with inherent powers. The analyse suggested succeed in explaining the legal regime, clarifying doubts and increasing effectiveness thanks to means for settler and sestui que trust to deal with a careless trustee.
65

Middle power statecraft : Indonesia and Malaysia / Jonathan H. Ping.

Ping, Jonathan H. January 2003 (has links)
"October 2003" / Includes bibliographical references (leaves 364-412) / x, 412 leaves : ill., maps ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Establishes a unifying theory for the concept of middle power. Hybridisation theory is presented as a basis for analysis, policy development and prediction of middle power statecraft and perceived power. / Thesis (Ph.D.)--University of Adelaide, School of History and Politics, Discipline of Politics, 2004
66

A Study on the Practice of the Control Power as a Result of Constitutional Amendments: Taking the Third Control Yuan as a Case

Chou, Chao-liang 22 February 2010 (has links)
The control system is an original and sound system of this Country. The Founder of this Country, Dr. Sun Yat-sen, proposed after he established this Republic that the control power should be practiced by an independent body to highlight the functions of such power, rather than putting it under the legislative power as in the 3-Separated Powers common to many Western countries. This thesis begins by examining the status and nature of control power in the 5-Separated Powers as in the constitutional regime of this Country from a perspective of separation of powers. It follows by exploring the evolution of mandates of the Control Yuan as a result of various constitutional amendments during the 1990s when the Government undertook constitutional amendments engineering for the promotion of democratic development. This thesis then analyzes the impact of such constitutional amendments upon the practice of control power from existing laws and regulations relevant to the control power and provides the views of this author. It then analyzes the status quo of the practice of functions of the Third Control Yuan by its Members, in comparison to the statistics on the functional practice of the Second Control Yuan, so as to comprehend the efficacy of the practice of functions of the Third Control Yuan. In the conclusion, the author puts forward his own findings and suggestions on the practice of control power by the Third Control Yuan.
67

none

Lee, Eric 27 July 2005 (has links)
The purpose of this research is to understand the current operations and marketing strategies of Chiu Chen Nan Orient Bakery through literature review and case studies, as well as to gain a consistent suggestion on marketing strategy through the professionals¡¦ opinions. The result reveals that the trends in the development of bakery market are as follows: 1. The amount of order is decreasing Because of the change of social structure, families and personal relationships were not as close as before, which led to the trend that the single order of bride cake was decreasing in bakery industry. Moreover, most of the foreign brides do not have the custom of using bride cakes. The increasing percentage of those foreign brides through the years contributes to the drop of the order amount. 2. The new products are available faster than before. Nowadays, there were more new products available in the market at a much faster speed. After analyzing the factors of old cost, competition in the industry, and ability of invention, these new products emphasized on innovation, variation, service, and the research ability in producing new products and packages. 3. Multi-sales channels, cross-industrial alliance and multi-angled business The new products were packaged in a different way to enter the convenient stores and wholesales stores. Also, they allied with related industries, including wedding gifts, wedding photography, jewelry, hotels, and tourism in order to develop new customers beyond the way of selling in the past. 4. Discount and market segment In one hand, many companies started to make discount in order to compete with each other and occupy the market. This discount war has made the profit of the industry decreasing tremendously. On the other hand, some companies began to develop high-priced, well-packaged, and multi-styled and multi-combinational products to segment and differentiate themselves from other competitors. 5. The number of retail stores of wedding bakery chains is decreasing. Because of the bad economy, some wedding bakery chain stores started to experience deficits. Plus, the change of business districts in many areas deteriorated the loss of business. Therefore, some wedding bakeries started to close the retail stores suffering from bad profits. 6. Various combinations of bride cake gift box are available to satisfy the different customers. In the traditional Taiwanese customs, there should be 6 or 12 gifts for wedding. The ¡§Six Gifts¡¨ is the traditional wedding custom and ¡§the Twelve Gifts¡¨ is the more daintier one, which include the big cake, also named the Han-styled bride cake. Because many customers still followed the old customs, many western bakeries started to enter the Chinese bride cake market. The main results from the professionals¡¦ interviews are listed as below. Regarding the development of marketing strategy for Chiu Chen Nan Orient Bakery, their viewpoints are very consistent: 1. Product strategy Use the current best-selling products to rebuild the store reputation and penetrate the market. Develop new markets with exclusive products or new products. This can be further incorporated with modern and cultural design elements to stimulate the five senses as a direction for new product development in the future. Moreover, related products, such as tea, can be developed to promote the sales of bakery. The company should run the business in a more multi-dimensional way by initiating new product lines and sales channel to increase its competitiveness in the market. 2. Price strategy The severe price war of bakery industry will result in damaging the market price in the end. The middle high pricing can remain the profits and image of high-quality and delicacy. The consuming cultural differences will make the consumers question about the price recognition. The price difference can not solve the problem because it will make the consumers question about the quality of the product. Therefore, a higher pricing is a better strategy in segmenting the market. 3. Channel strategy Although wholesales and convenient supermarkets have a lot of retail stores, the traditional bakery shop is not able to produce the amount which is demanded. In addition, these channels will lower the profits or even the price after the products being bought, which will further confuse the consumers by the different prices between retail stores and wholesales channels. On the other hand, the stable department stores and retailing stores are still the main resources of income. However, different contributes of consumers with varioius product lines should be considered. The channel of internet shopping will be a major trend in the future. To hire designated staffs, pay attention to the web safety, as well as to provide home deliver service and maintain the stability of the website are some important subjects needed to be taken care of. 4. Promotion Strategy To make promotion activity more refined is more important than to have more promotions. The first step of a good promotion is to streamline the strategy and to set the promotional goal. Then, the effective promotion tactics should be selected. From the past experience of Chiu Chen Nan Orient Bakery, the most effective promotions included making discount and buy-one-get-one-free in anniversaries. Public relations activities had better outcome if they were cooperated with more well-known groups. About strategy of making alliance, the communication problems in cooperation should be solved in order to exchange the resources between each other and achieve the effect of cooperation.
68

The Research of Local Self-government and Judicial Review¡VFocusing on Interpretation of the Constitution

Wu, Ming-Haw 11 July 2001 (has links)
none
69

The National Security Strategy and the Constitutionalism Order (1949-2007)

Chen, Tien-Wang 06 July 2008 (has links)
A constitution is a basic law to constitute a country and protect human right, it has a height attribute of politics, hence it regulates and interacts the real development of country. General national security strategy is based on national destinations and benefits, then it brings up a definite source of threat and priority, and arranges the strategies to react, besides it should be considered all the situations to come up with near, middle and far national security strategy. Furthermore, according to the guideline which decided by the strategy, the departments can make policy, then they have the direction to obey. Moreover, nation fulfill its policy includes ¡upolicy-making¡vand ¡ubills or budgets be approved¡vtwo parts, which to fulfill policy and obey the order of law. However, our country brings up national security strategy and act it are different from the above parts. This thesis discusses that our nation made national security strategy in different phase and use it to evaluate the change of our constitution. to focus on the questions and to analyze, to review and to predict.
70

A study on the Judicial review and Doctrine of Separation of Powers¡ÐFrom J.Y .Interpretation No.613 to mention

Su, Jhih-chang 04 February 2009 (has links)
This article releases of Constitutional Interpretation No.613 of Grand Justices, Judicial Yuan.Discussion jurisdiction and legislative power of separation of power boundary.Judicial review since U.S.A.'s Marbury v.s Madison case is developed in 1803 .Safeguards the people's basic right not the illegal violation.The most countries introduces for the world. Grand Justices enjoy the good name of ¡§the constitution protector¡¨.Is only short of the public opinion to be authorized and counter-majoritarian diffculty, Causes the democratic validity to be subject to the question, between ¡§the judicature is positive¡¨ and ¡§the judicature is negative¡¨,it is become Judicial review development mechanism the important topic. Administration, legislation and judicial is also known as trias politica, Performing its own functions, doctrine of separation of powers for most important constitutional government principle, The Congress direct gathering people meaning indicated that.Is on behalf of the Popular Sovereignty for State agency, three read through the law, suffers unexpectedly declares invalid, and has the abstract standard potency, sends the Judicial review from ¡§the constitutional interpreter¡¨ to become ¡§the legislator¡¨ or ¡§framers of constitution¡¨ the negative appraisal. This article advocated that the Judicial review should distinguish the people's basic right or the pure institution in advance disputes and so on, is safeguarding the people's basic right case, should involve positively, being suitable of the non-judicial self-restraint principle. The Judicial review should not take the doctrine of political question the separation of power the only boundary, should accumulate the case type, develops standard of the difference, avoids fording into the pure institution jurisdiction dispute. Constitutional Interpretation article should not ¡§the legalization¡¨, be supposed to establish the mechanism of ¡§retires after meritorious service¡¨.

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