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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.
1

Beyond a Roof and Walls: Gaps and Challenges in Providing Adequate Housing for Refugees in Malmö

Sri Nissanka, Asha Manori January 2020 (has links)
This study attempts to analyse urban housing issues and their effects on providing adequate housing for refugees, using Malmö as a case study. The content analysis adopted here uses a combination of semi-structured interviews with relevant government officers, and reports published by government agencies and international institutions as sources of information.The dominant role of the market in Sweden’s housing sector has created housing inequalities and many issues for groups with lower socio-economic status. These issues consist of shortages in affordable dwellings, cramped housing conditions and spatial segregation within the city etc. This study illustrates that refugees in Malmö face additional issues such as lack of knowledge on the housing market, reluctance of landlords to accept refugees’ establishment allowance as an income source, discriminatory attitudes, and lack of larger apartments for their comparatively larger households. They function as barriers to refugees’ right to adequate housing as well as their right to the city, while limiting their opportunities to establish in the host country. The municipality also faces these issues when arranging housing for its ‘assigned’ refugees. Additionally, they are faced with an extended demand on the social services that are meant to support the native homeless groups. Refugees’ housing issues are associated with some gaps involved in the process of accommodating refugees. The Settlement Act introduced in 2016 does not consider availability of housing when distributing refugees to municipalities. It takes more than two years to process asylum applications, compared to UN regulations of six months. The prolonged stay in accommodation centres delays their opportunities to become self-sufficient and integrated into the host society. Refugees are not provided with information relevant to the housing market in Sweden or the municipalities they are allocated to. Although municipalities are given the full responsibility of housing refugees assigned to them, the Settlement Act does not provide any guidelines as to how it should be done. In Malmö there is no evidence that any other government agency or a civil society organisation work in collaboration with the municipality to house refugees. It is clearly evident that the self-housing (EBO) mechanism functions against the objectives of the Settlement Act, consequently major cities such as Malmö continue to be refugee hotspots. In this context, I would argue that refugee housing issues cannot be solved only through dispersal policies, but they should be backed by relevant housing policies that consider housing as a human right, rather than a market commodity. The municipalities should adopt a holistic approach in providing adequate housing for refugees, with adequate regulations on the housing market for the benefit of all.
2

L'efficacité du contrôle parlementaire du budget exécuté en France sous la Cinquième République / The efficiency of french parliamentary oversight on budget under Fifth Republic

Shojaei- Arani, Saïd 17 June 2013 (has links)
Le fondement théorique du contrôle parlementaire du budget exécuté a été prévu par la DDHC de 1789. Cependant, c’est sous la Restauration que son application fut devint possible. Ainsi, l’utilité et l’efficacité du contrôle parlementaire du budget exécuté résidèrent dans l’établissement d’un chaînage budgétaire qui avait pour finalité, non seulement la clôture d’un exercice budgétaire dans un délai assez court mais aussi de perfectionner la prévision des budgets ultérieures. Alors que la Restauration était « l’âge d’or » du contrôle parlementaire a posteriori du budget de l’État, la 3e et la 4e Républiques furent les périodes de l’abandon de la loi de règlement. Pour autant, la Ve République n’a pas amélioré la situation. Mais, la nécessité de réformer l’État a créé une occasion sans précédent pour que les Assemblées parlementaires françaises retrouvent une meilleure place parmi les institutions politiques. La LOLF du 1er août 2001, a été adoptée pour renforcer les prérogatives budgétaires du Législateur. Même si la loi de règlement n’a pas changé son caractère juridique, les documents comptables qui l’accompagnent et son adoption dans un délai très court, lui octroient toute son effectivité. En revanche l’absence d’objectif précis et pragmatique ainsi que le manque de volonté parlementaire en sont les principaux facteurs. La solution que nous proposons consiste à fixer la soutenabilité des finances publiques, exigée par les Traités européens, comme l’objectif principal de loi de règlement et à continuer la réforme de l’État afin de redonner aux parlementaires l’envie de contrôler l’exécution budgétaire. / The basis of parliamentary oversight on budget was foreseen by Human and Citizen Right’s Declaration of 1789. But, it wasn’t applicable before “Restauration”. If “Restauration” period was a “golden age” of parliamentary control on budget, the IIIrd and IVth Republic were the age of its decline. On one hand, parliamentary prerogative to amend Budget Act and on the other hand, delays in establishment of budgetary document were the essential reasons.We can observe a mutation in parliamentary budget control during the Fifth Republic. In 1958, France has adopted a new constitution to found a semi-presidential political system. But what had consequently reduced Parliament’s budget competence, was the Organic Act of the 2nd January of 1959. This limitation contributed to demotivate MPs because they considered this institution in decline. However, when the French State engaged in new reforms, Parliament tried to prepare and adopt a new Organic Act to balance again budgetary relationship. With this end in view, different mechanisms were created to reinforce parliamentary budget oversight. Nevertheless, we can not estimate the promised effectiveness until MPs haven’t political will and pragmatic objectives. We think the economical sustainability, as the most important European engagement of French Government, can be a real objective. For all that, political involvement of Parliament will be obtained when the State reform continues and the “value of money” becomes the national priority.
3

Naturens Rättigheter : Och hur de kan motiveras utifrån ett minoritetsperspektiv

Dahlin, Mathilda January 2022 (has links)
In March of 2017, New Zealand passed the Te Awa Tupua Act, a law that established the river Whanganui as a legal entity, with the same rights and obligations as a person. This commitment from the New Zealand government gave rise to the possibilities of protecting the ecosystem surrounding the river, but also strengthen the rights of the indigenous people, the Māori's, which consider Whanganui a part of their ancestry and heritage. The aim of this research is to study the ethical argumentation that motivates the recognition of the Whanganui River as a legal entity and connect that with the theoretical approach presented by Mikael Stenmark in Miljöetik och Miljövård: Miljöfrågornas Värderingsmässiga Dimension. The study will also seek to observe how the argumentation is influenced by a minority perspective, more specifically the Māori, and the oppression of their people since the colonization of New Zealand. The theoretical foundations for this study is the environmental ethics framework presented by Stenmark, which can be summed up in three main approaches: anthropocentrism, ecocentrism and biocentrism. A content-oriented ideational analysis lays the groundwork for mapping what moral positions and perceptions that motivates the recognition of the Whanganui River as a legal entity. In addititon, the study has transcribed videos with indigenous people which has been categorized and structured according to the theoretical framework. The analysis concludes that the colonial intergenerational oppression on the Māori's and the observed negative impact on the river corresponds with the well-being of the Māori people. This observed correlation, combined with a modified holistic ecocentrism, is the foundation to which a selected group of Māori's justify and motivate the Te Awa Tupua Act. This essay also problematize that environmental ethics is characterized by a context that need to be supplemented with an updated and multifaceted view of our nature and indigenous people, which draws attention to more positions that in history have not been given enough space in academic context.
4

A Pragmatic Standard of Legal Validity

Tyler, John 2012 May 1900 (has links)
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.

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