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This thesis explores the impact of one particular change in industrial conflict legislation in the 1980s: that is, the requirement for trade unions to hold ballots before industrial action. It does so by analysing the results of an extensive postal questionnaire survey, covering 846 negotiators in 25 unions. This was part of a wider research project on the impact of changes in the law, incorporating interviews with employers and senior National Officers of trade unions. The conclusions in the thesis also draw on these findings. The fieldwork was carried out in 1991 and 1992. It took into account a number of modifications - notably in 1988 and 1990 - to the original balloting provisions in the 1984 Trade Union Act. The thesis provides an analysis of the impact of the industrial action balloting requirement on trade union practices and the role of balloting in negotiations, looking beyond injunctions and high profile court cases. The thesis is primarily concerned to examine the impact of ballots on the processes of collective bargaining. It concludes that the effects of the 1984 balloting laws, including their amendments, were far more complex than anticipated or claimed by the Government. Internally industrial action ballots were accommodated by trade unions into existing consultation processes. The potential for ballots to modify substantive decisions within trade unions, by centralising and formalising decision making, was thereby limited. Amendments to the balloting laws increased the difficulties for trade union negotiators in accommodating ballots in the collective bargaining process. Trade union negotiators, however, sought by and large to conduct industrial action in accordance with the balloting laws and, despite an increasingly restrictive legal framework, there was a widespread perception among trade union negotiators in the early 1990s that this could bring negotiating advantage. Generally, it is apparent that industrial action ballots were one aspect of a complex process of sometimes radical change in industrial relations throughout the 1980s.

The purpose was to develop a study unit to acquaint Indiana educators with the use of basic legal resources of Indiana through explanations of the relevant primary research publications.Review of related literature indicated a void of such publications in Indiana explaining the primary legal resources of the state. Due to the complexity of the legal network forming the foundation, structure and control of school systems in Indiana, a study unit providing knowledge of the mechanics of legal resources for students of school law was necessary, beneficial and innovative.Nine legal resources were chosen with the aid of How to Find the Law, by Roalfe; Pollack's Fundamentals of Legal Research, by Jacobstein and Mersky; Effective Legal Research, by Price and.Bitner; Legal Research in a Nutshell, by Cohen; West's Law Finder, byWest; and A Schoolman in the Law Library, by Rezny. The nine basic legal resources of Indiana selected for study and explanation were:Constitution of the State of Indiana 2) Burns' Indiana Statutes AnnotatedAnnual Reports and Official Opinions of the Attorney General of IndianaIndiana ReportsShepard's Indiana CitationsWest's Indiana DigestWest's Indiana Law EncyclopediaIndiana ActsIndiana Code of 1971A basic pattern was maintained in presenting a background in the use of the legal resources explained. The purpose and. definition of each resource was provided with tables of contents, legal abbreviations, coded numbers and subject indexes presented subsequently. Reproduced pages of the resources were incorporated to aid in explaining the research publications. The repeated system of explanation was designed to aid the educator in following the procedure utilized in each of the nine basic legal resources and to facilitate understanding of each primary legal resource of Indiana.The scope and relevance of each resource was also emphasized. In many instances the resource explained provided helpful cross references, extending the value of the legal publication for further school law research by the educator in Indiana. Skill in the use of the nine Indiana legal resources allowed the educator to locate and understand the cases and statutes relating to educational law in Indiana.Summary questions were designed to involve the student in actual use of the basic legal resources. Each summary question presented involved a specific aspect of the previously explained legal resource. Insight and appreciation for the systematization of the resources was to be gained by the educator in utilizing the information provided to answer the questions posed. The questions were further designed to assist the student of school law in locating answers to specific questions that might arise in the daily operation of Indiana schools. Questions posed for purpose of the study unit were followed by the appropriate answer allowing students to determine if correct responses were being made.A glossary of commonly utilized legal terms was provided to facilitate the understanding of thestudent, since the basic legal resources frequently used legal language.The legal explanations and summary exercises provided in the study unit were not designed to answer specific questions or solve specific problems for the school administrator involving school law. Nor was the information presented designed to eliminate legal counsel when serious problems concerning school law arose.The intention of the study unit explaining the basic legal resources of Indiana was to facilitate the researching of cases and statutes concerning school laws relevant to. the operation of Indiana schools.

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This socio-legal study of town and country planning draws upon the examples of the Israeli system and its predecessor of Mandatory Palestine, and studies them in the light of the British parent system. The underlying thesis is that statutory planning functions as a special component in a complex system of social control. Beyond its immediate concern with regulating the utilisation of the physical environment, statutory planning is designed and implemented with the aim of supporting the prevailing social order. The application to statutory planning systems of the concept of social control - which elucidates the regulation of behaviour in society and the phenomenon of social order - leads to the identification of three inter-related roles. These can be classified loosely as: 1) political role, to serve as a tool for effective government; 2) economic role, to utilise scarce resources efficiently; 3) social role, to advance human welfare. Their cumulative exercise contributes to the maintenance of the prevailing social order. This analysis shows that the social order throughout the history of Palestine and Israel. 1917-1980's was in constant flux. It is claimed that the Mandatory system, motivated by colonial ideology, attached excessive importance to statutory planning's political role in order to establish the authority of the British government over Palestine's rival communities. Planning's economic and social roles were relegated to secondary importance. During the Israeli system's formative stage, this political role, which suited the prevailing perception of representative democracy, was important in establishing and legitimising the new government. However, the social and economic roles were of paramount importance due to the prevailing ideology of collectivism. This led to a unique process of social engineering through physical planning. The current Israeli system reflects some new trends towards participatory democracy in planning organisation and individualism in the planning process and provisions, and a move away from narrow physical land use perceptions towards an integrated physical-economic-social outlook. Nevertheless, the basic principles of the early 1920's can Still be seen in the system of the 1980's.

The adverse consequences of the use of thalidomide in the 1950s and 1960s by pregnant women, instigated law reform in the United Kingdom and Europe, in relation to product liability and the regulation of medicinal products. In this Thesis, it is suggested that a legislative framework should balance three elements: consumer safety, legal redress and pharmaceutical innovation. Chapter Three examines the development of the legislative framework in the United Kingdom following thalidomide and considers the impact of the Medicines Act 1968, the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 and the Consumer Protection Act 1987, together with European legislation, on medicinal products. This Chapter also examines the role of regulatory bodies such as the Medicines Control Agency, the Committee on Safety of Medicines, the European Agency for the Evaluation of Medicinal Products and the Committee on Proprietary Medicinal Products. Chapter Four analyses the three above mentioned elements and, in particular, discusses: the centralised and decentralised licensing procedures; the definition of "relevant medicinal product"; the regulation of homeopathic products, herbal products and medical devices; conflicts of interest; transparency of licensing procedures; the legal status of medicinal products; promotion by the pharmaceutical industry; information supplied to patients; pharmacovigilance; and the development risks defence. The Author concluded that the legislative framework had struck an appropriate (albeit imperfect) balance between the elements of pharmaceutical innovation, consumer safety and legal redress. The Author further concluded that issues such as patents, prescribing errors and legal aid, which are outwith the control of the Medicines Act 1968 and the Consumer Protection Act 1987, impact on the balance of these three elements. In the future, the Author suggested that research should be conducted in areas such as transparency of regulatory action, the regulation of herbal products, and the improvement of prescribing and dispensing practices.

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No description available.

This thesis examines critically the most important restrictions placed on the right to peaceful demonstration in Canada. Protected by the Canadian Charter of Rights and Freedoms as a matter of constitutional law, the right is limited by a network of civil and penal sanctions in such a way that, in practice, its exercise is considerably restricted. Firstly, the protection afforded to owners of land under the law of property excludes all peaceful demonstration on private property without permission of the owner. Tossed as it is into the street and onto the sidewalks, the activity may also be seen to disturb other interests protected by law in the public domain. It is not infrequent that injunctions are brought against peaceful demonstrations on the grounds that they disrupt public order, that they harm the economic interests of private parties, or that they are the occasion for mischief or damage to property. In addition to the limits that originate in the law of civil liability, peaceful demonstration is restricted by criminal law, in particular the prohibition against unlawful assemblies, which permits the police to exercise a control over a demonstration and to intervene in order to prevent anticipated outbursts. The rules relating to the infraction of unlawful assembly allow the authorities to disperse the demonstrators at the first sign of tension in what amounts to a willful confusion, by the legislature, between acts of protest and acts of violence. Overall, the scope of this network of civil and penal sanctions is such as to suggest that the right to peaceful demonstration is something of a false promise.

State sovereignty is the basic underlying principle of international law. Like all branches of international law, air law has developed under this principle of sovereignty, leaving the final decision to the consents and political wills of the governments for both their internal and external affairs. In the same vein, the international system is based on the juridical equality of all nations, which are free to participate in all forms of regional and international organizations. However, due to economic and political globalization and the demand for a more efficient international cooperation as well as the market forces and technical and economical constraints, the traditional concept of sovereignty has undergone transformation. Resulting from their inherently technical, economic and international characteristics, civil aviation and air transport are the leading fields of international affairs affected by these developments. / This thesis first analyses the evolution of the principle of sovereignty in general international law and then traces the transformation of sovereignty in air law by examining the issue through the approach found in the Chicago Convention as well as the recent concepts and technologies in civil aviation from the sovereignty point of view.* / *The opinions expressed in this thesis are strictly those of the author.