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The constitutional basis of judicial review in ScotlandThomson, Stephen January 2014 (has links)
The thesis examines the constitutional position of the Court of Session's supervisory jurisdiction. It begins by emphasising the methodological and substantive importance of the historicality and traditionality of law. It then provides a detailed historical account of the emergence of the Court's supervisory jurisdiction, from its inheritance of supervisory functions from emanations of the King's Council to the present-day law of judicial review. Throughout, emphasis is placed on the Court's strong sense of self-orientation in the wider legal and constitutional order, and the extent to which it defined its own supervisory jurisdiction. The court was a powerful constitutional actor and played a strong role in the increasing centralisation and systematisation of the legal order, expanding its supervisory purview through a powerful triumvirate of remedies (advocation, suspension and reduction) and a comprehensive approach to the supervision of a wide range of bodies. The thesis then frames tensions between Parliament and the Court in the context of judicial review of ouster clauses, chosen as a point of heightened inter-institutional tension. This is demonstrated to be an area in which divergent visions of the constitution are evident – Parliament regarding itself as entitled to oust the jurisdiction of the Court to judicially review, and the Court regarding itself as entitled to examine and pronounce on the extent of ouster, including its limitation or exclusion. In attempting to conciliate these divergent constitutional worldviews, the thesis rejects a “last word” approach which prevails in the English judicial review literature. It considers (and rejects), as alternatives, dialogue theories and functional departmentalism. The thesis then advances constitutional narratology as its preferred analytical framework for the accommodation of those inter-institutional tensions, and conciliation of their divergent worldviews. The Court's performance of a constitutional-narratological function facilitates the integration, conciliation and synthesis of legal norms with an existing law and legal system; weaves and coagulates multifarious legal norms into a unified and univocal body of norms; and executes a chronicling, expository and explanatory storytelling function which sets a legally-authoritative narrative to the law. In doing so, the Court performs a distinctive and indispensable constitutional function incapable of fulfilment by Parliament. It is argued that traditionality and functional necessity provide the legal-systemic legitimation for the Court's performance of the constitutional-narratological function. Finally, the thesis considers the institutional specificity of the function, concluding that it is the function, rather than the institution, that is indispensable. However, neither the advent of the Upper Tribunal nor the U.K. Supreme Court suggest at this stage that the Court's performance of that function is waning.
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Book Review of The Medici: Citizens and MastersMaxson, Brian Jeffrey 12 January 2018 (has links)
The Medici: Citizens and Masters Robert Black and & John E Law (eds), The Medici: Citizens and Masters, Harvard University Press: Cambridge, MA, 2015; 444 pp.: 9780674088443, US$40.00 (PBK)
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The Dominion residuary power and judicial review : the courts and the Canadian constitutionMarsh, Gordon J. January 1979 (has links)
No description available.
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Qualitative and semi-quantitative modelling and simulation of the software engineering processesZhang, He, Computer Science & Engineering, Faculty of Engineering, UNSW January 2008 (has links)
Software process modelling has been identified as being a vehicle for understanding development processes, controlling development costs, duration, and achieving product quality. In recent years, software process simulation has been becoming one of the essential techniques for effectively investigating and managing software development processes. Till now, most researches focus on the quantitative aspects of process simulation and modelling. Nevertheless, purely quantitative process modelling requires a very detailed understanding and accurate measurement of the software process, which relies on reliable and precise historical data. When such data are lacking or the quality is dubious, quantitative models have to impose severe constraints that restrict the model's value. Unfortunately, these data are not readily available in most cases, especially in the organisations at low process maturity levels. In addition, software development is a highly complex, human-centred endeavour, which involves many uncertain factors in the course of development process. Facing the inherent uncertainty and contingency, though quantitative modelling employs statistic techniques, its conditional capability and underlying assumptions limit its performance on large scale problems. As the alternatives of quantitative approaches, qualitative modelling can cope with a lack of complete knowledge, and predicts qualitative process behaviours. Furthermore, semi-quantitative modelling offers the capability of handling process uncertainty with limited knowledge, and achieves tradeoff between quantitative and qualitative approaches. However, most previous researches omitted these approaches, and the associated methods and applications are far from developed. The main contribution of this research lies in the pioneering work on the models, methods, and applications of qualitative and semi-quantitative software process modelling and simulation, and their relations with the conventional, quantitative modelling approaches. This dissertation produces its novelty from twofold research. Firstly, it explores methods and techniques to qualitatively and semi-quantitatively model and simulate software processes at different levels, i.e. project, portion of development process, and product evolution. Secondly, Some exclusive applications of these modelling approaches are also developed for aspects of software engineering practice. Moreover, a proposed framework integrates these approaches with typical quantitative paradigms to guide the adoption of process simulation modelling in software organisations. As a comprehensive reflection of state-of-the-art of software process simulation modelling, a systematic review is reported in this dissertation as well.
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Peer review in the assessment and funding of research by the Australian Research CouncilJayasinghe, Upali W., University of Western Sydney, College of Arts, Education and Social Sciences, Self-Concept Enhancement and Learning Facilitation Research Centre January 2003 (has links)
In higher education settings the peer review process is highly valued and used for evaluating the academic merits of grant proposals, journal submissions, academic promotions, monographs, text books, PhD thesis and a variety of other academic products. The purpose of this thesis was to evaluate the peer review process for awarding research grants used by the Australian Research Council (ARC) Large Grants Program and to propose strategies to address potential shortcomings of the system. This study also evaluated psychometric properties such as the reliabilities of various ratings that are part of the assessment process of the ARC Large grants Program. Data for the all grant applications submitted for the 1996 round of the Large Grants Program were provided by the ARC. In a variation to the typical peer review process, applicants were given an opportunity to nominate assessors to review their proposals. The results indicated that global ratings given by the researcher-nominated assessors were systematically higher and less reliable than those by panel-nominated external reviewers chosen by the ARC. The reliability of peer reviews is not adequate by most standards. A critical direction for future research is considering what strategies need to be put in place to improve the quality of the reviews. To improve the reliability it is recommended that researcher-nominated reviewers should not be used; that there should be more reviews per proposal and a smaller more highly selected core of reviewers should perform most of the reviews within each sub-discipline providing a greater control over error associated with individual reviewers / Doctor of Philosophy (PhD)
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Evaluation of effectiveness and safety of acupuncture in the treatment of migraine: A systematic review and a randomised controlled trial.Wang, Yanyi, s3042947@student.rmit.edu.au January 2008 (has links)
Migraine affects 8 -16% of population in different countries resulting in significant economic and social impacts. Current pharmacological treatment provides symptomatic relief, but not without side effects. Hence, an increasing proportion of patients prefer complementary therapies including acupuncture for migraine relief. Randomised controlled trials (RCTs) of acupuncture treatment for migraine have produced conflicting evidence due to methodological and reporting deficiencies, including small sample sizes and inappropriate outcome measures. Furthermore, systematic reviews on acupuncture for headache failed to adequately represent non-English studies such as those conducted in China. This project aimed to: (1) systematically review studies of acupuncture for migraine; and (2) conduct a RCT addressing key deficiencies identified from the systematic reviews (SRs). Two SRs were conducted based onfollowing Cochrane review protocols. Major English, Chinese, Japanese and Korean databases were searched. The first SR included 15 English studies and the second SR had 17 Chinese studies. No Japanese or Korean RCTs were identified. Overall, those two SRs supported the value of acupuncture in the treatment and prevention of migraine when compared with western medications. However, conflicting results were found when real acupuncture treatments were compared with sham/placebo procedures. When compared with the studies published in English, Chinese studies had a higher frequency of acupuncture treatment, displayed poor methodological quality, and commonly used pharmacotherapy as a comparator. The SRs revealed that there was limited evaluation of acupuncture for frequent migraine. In the RCT, fifty participants with a minimum of eight migraine days per four weeks were randomly allocated to receive real (RA, n = 26) and sham (SA, n = 24) acupuncture for a total of 16 sessions over 20 weeks in a gradually decreasing treatment frequency. Fixed and supplementary acupoints were used. Participants were followed up for further assessment at three months and one year. Results showed that at the end of the treatment period, the mean (SD) migraine attack days per four weeks decreased from 11.81 (5.76) to 5.17 (5.02) in the RA group and from 12.41 (6.4) to 10.08 (7.11) in SA (group difference: p = .008). Intensity of migraine assessed using a Six-point Likert scale was lower in the RA (2.18 ±1.05) than that in the SA group (2.93 ± 0.61, p = 0.004). The percentile changes of pressure pain threshold (PPTs) detected at the bilateral points of TaiYang (Ex-HN5) were significantly higher in the RA group (RA 228.48% vs. SA -0.66 % on the left and 92.69% vs. -2.52% on the right). However, there was no s tatistically significant difference between the two groups with respect to Migraine Specific Quality of Life (MSQOL). At the end of the three-month follow up, medication consumption was less in the RA group, but not at the one-year follow up. In conclusion, this project demonstrates that acupuncture is a potentially effective and safe option for adult patients with frequent migraine headache with the effects lasting up to three months. Further studies are needed to confirm these therapeutic benefits with adequate sample sizes and the potential mechanism for this action.
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Peer review in the assessment and funding of research by the Australian Research CouncilJayasinghe, Upali W., University of Western Sydney, College of Arts, Education and Social Sciences, Self-Concept Enhancement and Learning Facilitation Research Centre January 2003 (has links)
In higher education settings the peer review process is highly valued and used for evaluating the academic merits of grant proposals, journal submissions, academic promotions, monographs, text books, PhD thesis and a variety of other academic products. The purpose of this thesis was to evaluate the peer review process for awarding research grants used by the Australian Research Council (ARC) Large Grants Program and to propose strategies to address potential shortcomings of the system. This study also evaluated psychometric properties such as the reliabilities of various ratings that are part of the assessment process of the ARC Large grants Program. Data for the all grant applications submitted for the 1996 round of the Large Grants Program were provided by the ARC. In a variation to the typical peer review process, applicants were given an opportunity to nominate assessors to review their proposals. The results indicated that global ratings given by the researcher-nominated assessors were systematically higher and less reliable than those by panel-nominated external reviewers chosen by the ARC. The reliability of peer reviews is not adequate by most standards. A critical direction for future research is considering what strategies need to be put in place to improve the quality of the reviews. To improve the reliability it is recommended that researcher-nominated reviewers should not be used; that there should be more reviews per proposal and a smaller more highly selected core of reviewers should perform most of the reviews within each sub-discipline providing a greater control over error associated with individual reviewers / Doctor of Philosophy (PhD)
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Traditional Inventory Models in an E-Retailing Setting: A Two-Stage Serial System with Space ConstraintsAllgor, Russell, Graves, Stephen C., Xu, Ping Josephine 01 1900 (has links)
In an e-retailing setting, the efficient utilization of inventory, storage space, and labor is paramount to achieving high levels of customer service and company profits. To optimize the storage space and labor, a retailer will split the warehouse into two storage regions with different densities. One region is for picking customer orders and the other to hold reserve stock. As a consequence, the inventory system for the warehouse is a multi-item two-stage, serial system. We investigate the problem when demand is stochastic and the objective is to minimize the total expected average cost under some space constraints. We generate an approximate formulation and solution procedure for a periodic review, nested ordering policy, and provide managerial insights on the trade-offs. In addition, we extend the formulation to account for shipping delays and advanced order information. / Singapore-MIT Alliance (SMA)
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Computation of Texture and Stereoscopic Depth in HumansFahle, Manfred, Troscianko, Tom 01 October 1989 (has links)
The computation of texture and of stereoscopic depth is limited by a number of factors in the design of the optical front-end and subsequent processing stages in humans and machines. A number of limiting factors in the human visual system, such as resolution of the optics and opto-electronic interface, contrast, luminance, temporal resolution and eccentricity are reviewed and evaluated concerning their relevance for the recognition of texture and stereoscopic depth. The algorithms used by the human brain to discriminate between textures and to compute stereoscopic depth are very fast and efficient. Their study might be beneficial for the development of better algorithms in machine vision.
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Effects of policosanol supplements on serum lipid concentrations : a systematic review / Chantal Patrica WalshWalsh, Chantal Patrica January 2008 (has links)
Thesis (M.Sc. (Nutrition)--North-West University, Potchefstroom Campus, 2008.
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