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La constitutionnalisation en Droit administratif : L’expérience colombienne / The Constitutionalization in Administrative Law : The colombian experienceMartinez-Cruz, Aura-Catalina 18 December 2018 (has links)
Le droit constitutionnel vit aujourd’hui un rayonnement sans précédents. Cette splendeur est la conséquence d'un long processus historique de maturation juridique qui s’est accéléré durant les derniers temps. La généralisation du mouvement de constitutionnalisation est l’un des principaux résultats de ce processus juridique qui amène le remplacement de cette discipline juridique. Ainsi, la constitutionnalisation est-elle considérée comme un phénomène juridique complexe qui se produit par l'irradiation du pouvoir normatif de la constitution sur tout l'ordre juridique. Actuellement, avec l'adoption généralisée du constitutionnalisme, l’influence de la force normative constitutionnelle est vivement présente dans la plupart des systèmes juridiques. Du même, le processus constitutionnalisant est par conséquence responsable des importantes transformations contemporaines du droit public que particulièrement entraînent une dense spécialisation des disciplines inspirées dans une efficace protection de l’intérêt public. C’est à propos de cette question qu’on perçoit qu'il existe une profonde influence de la valeur juridique constitutionnelle sur le domaine du droit public où est enrichie la notion de chose publique. Pour cela, il existe un rapport naturel et essentiel dans l’évolution commune entre la notion d’État et pouvoir politique. La constitutionnalisation devient actuellement un des phénomènes plus répandus, sa récurrence dans l'ordre juridique révèle une tendance à la consolidation du pouvoir normatif de la Constitution et la ferme détermination à garantir l’efficacité des droits reconnus au texte constitutionnel. Deux arguments permettent d’expliquer l’origine de ce phénomène, le premier, est lié au développement propre des concepts de la théorie constitutionnelle et correspond à ce que l’on pourrait appeler des causes générales. Le second renvoie aux éléments particulières qui caractérisant chaque branche de droit touchée par la constitutionnalisation à ce que l’on pourrait appeler des – causes spécifiques. On observe par exemple une certaine complexité dans le processus de constitutionnalisation du droit administratif qu’on pourrait expliquer en raison de la proximité théorique avec le droit constitutionnel. En termes pratiques dans le cas colombien la constitutionnalisation du droit administratif a des circonstances propres qui tournent autour de la hiérarchie normative. Ainsi, en premier lieu, l'analyse de la constitutionnalisation du droit administratif devra intégrer l'influence des causes générales du processus. Ce qui nous permettra en second lieu à partir des causes communes du processus de constitutionnalisation, de faire ressortir plus aisément les causes spécifiques qui sous-tendent la constitutionnalisation du droit administratif en Colombie. / In the contemporary world, many states, at different latitudes and with varying legal systems, are experiencing a constitutionalization process of the law as a real legal phenomenon, which presupposes a new look at the constitutional law, based on the recognition of the normative force of the constitution’s law as well as the influence which is spreading in the legal order and which can lead to the unification of law.This new vision of constitutionalism represents a real paradigm shift, especially for legal practitioners, for whom the idea of the hierarchy of law sources, or the main legal point of constitutionalization, is to consider the Constitution as the source of the essential sufficient right placed at the centre of the entire legal order to define the conditions of production and application of the law. Yet today, public law and more specifically the discipline of constitutional law is interested in the holistic understanding of the notion of constitution, and its various facets try to identify the influence of constitutional power to know the real impact produced by the process of constitutionalization on the branches of law.As a result, studying the scope of the constitutional phenomenon has become a subject of much debate in the contemporary world. In general, the focus of the debate remains on public law, the intersection of the normative power of the ‘Constitution’ and the content of the branches of law. In the specific case of administrative law, constitutionalization has a particular endogenous connotation: this phenomenon is systemic and produces an effect of internal collision between the different frontiers of the branches of public law. Indeed, it starts by identifying a common base on the bases of constitutional law and administrative law, which will subsequently have to produce a profound adjustment in the relationship between them.In Colombia, the adoption of the 1991 constitution produced a legal and institutional upheaval. Most transformations have been determined by an ambitious list of rights granted to citizens and the implementation of mechanisms to ensure the supremacy of constitutional norms, and to guarantee the protection of fundamental rights, imperative to the social state of law. There is no doubt that the main institutional reform brought by the 1991 Constitution was the creation of the Constitutional Court and, consequently, of its Constitutional High Court. In this way, in Colombia, public law, and especially constitutional law, have undergone significant changes that have now influenced the entire legal system. Yet, constitutionalization is a process that is present in the Colombian legal order, and research aims to study this phenomenon, which is limited to the area of administrative law, particularly for the case of Colombia.The administrative field in Colombia initially responded in the same way to the French model at the institutional, substantial and procedural level; it is the starting point for finding the interest of the analysis of the constitutionalization of the administrative law of the Colombian perspective.Nowadays, the presence of constitutionalization shows the importance of knowing the relationship between the current dynamics between Constitutional Law and Administrative Law in the role of guarantors of the protection of citizens’ rights in the rule of law. This research work seeks to analyse how the jurisdictional power, and more specifically the constitutional and administrative judges, coadministrate through their decisions, in instrumentalism the constitutionalization.
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Understanding parents' communication about alcohol with their first-year college student : an application of the theory of normative social behavior and the model of family decision makingSpies, Erica Lea 01 August 2013 (has links)
Heavy episodic drinking (HED) among college students remains a significant public health concern in the United States, particularly among first-year students. Parents have been identified as a protective factor in college students' drinking behaviors and past parent-based interventions have been successful at reducing HED. However, there are a limited number of parent-based alcohol prevention strategies and a general lack of research on parent-child communication about alcohol use among first-year college students, particularly from the parent perspective. The three studies included in this dissertation assist in filling this gap by examining parent-college student communication about alcohol from a parents' perspective and identifying implications for future parent-based interventions. Study 1 classified parents into segments based on constructs from the Theory of Normative Social Behavior (TNSB), differences in parents' perceptions of student's alcohol use, and content of communication. A modification of the TNSB was used in Study 2 to explore intrapersonal and interpersonal factors that moderate the relationship between parents' descriptive norms related to students' alcohol use and the breadth of topics covered when they communicate with their college student about alcohol. Finally, building upon the first two studies, Study 3 used the Model of Family Decision Making (MFDM) to provide a contextual understanding of parents' communication about alcohol with their first-year college student.
Studies 1 and 2 used a web survey conducted in 2010, 2011, and 2012 with a random sample of parents of first-year college students (N = 890) at a large Midwestern university. Results of a K means cluster analysis from Study 1 identified three parent clusters using constructs from TNSB. In Study 2, hierarchical linear regression analyses were conducted to explore what constructs of TNSB predicted parents' communication about alcohol, including descriptive norms, injunctive norms, outcome expectations, communication efficacy, and perceptions of severity and susceptibility of the negative consequences associated with alcohol use for their student. The study found the relationship between descriptive norms and parents' communication was moderated by injunctive norms, outcome expectations related to communication, and parents' perceptions of their student's susceptibility to negative consequences associated with alcohol use. Study 3 used qualitative interviews to further explore parents' communication about alcohol with their first-year college student. Using MFDM as a guide, Study 3 found several factors influenced parents' communication about alcohol with their student including role, skills, social structure, awareness, norms, utilization of resources, and other constraints. While parents reported talking about appropriate drinking behavior, the negative consequences of alcohol use, family experiences with alcohol, and family values and rules related to alcohol with their student, they often presented mixed messages, such as identifying drinking underage as illegal, but also describing the behavior as "typical." Across all three studies, it was evident parents held misperceptions of other college students' drinking behaviors and were likely underestimating their own students' alcohol use. The studies in this dissertation provide further understanding of the frequency and content of this communication and provide insight on how theoretical constructs can guide future parents-based interventions.
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The EU as a “force for good”: 15 years of ENP and a few years of “crisis”; Where is the stable and democratic neighbourhood?Salovaara, Sami January 2019 (has links)
This thesis is an attempt to analyse whether the EU can be conceived as a “force for good” in the world, where through its actions in its surroundings, EU is very eager to take a role as a “Normative Power”, and to be conceived as a model for integration and democracy.This thesis is looking at this narrative from two different perspectives. Firstly, through an analysis of the successfulness of the ENP, through looking at the official EU documents and the progression in key areas in between them, and contrasting them to critique by Human Rights NGOs. Secondly, interconnected with the ENP, this thesis will look at the EU’s response to the recent refugee crisis on its southern border, and its current developments, where the EU’s sea rescue operation “Operation Sophia” has been diminished, and the refugees rescued are taken back to Libya by the Libyan Coast Guard, contrary to UNHCR’s position on returns to Libya. This issue will be looked at through the perspective of the refugees’ democratic rights, and invokes questions regarding the legitimacy of closing one’s borders, and whether the “demos” can be legitimately bounded or does the Democratic Theory insist for the demos to be unbounded.This thesis concludes to find itself agreeing with the previous debates regarding the ENP, where the paradoxes of EU foreign policy have been researched 10-years back, little has changed. These two “cases” researched also contribute to the fact that the inconsistency of EU’s action is eroding its claims both to “Normative Power” and to be a “Force for Good”.
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Förstelärarreformen : Normativa institutioner och strukturer kolliderar, utmanas och förändras / The First Teacher Reform : Normative institutions and structures collide, get changelled and changeBergenheim, Johannes January 2020 (has links)
The First Teacher Reform, implemented in 2013, was part of a reform package to strengthen the profession of teachers, raise teacher salaries and thereby increase the attractiveness of the teaching profession in Sweden. A first teacher would lead school and subject development and then receive a salary increase. However, the formulationof the reform was unclear which led to a strong skepticism among teachers and damaged its legitimacy. There was also a normative resistance. The purpose of this paper is to understand how normative institutions and organizational structures have influenced the implementation of the reform. The study shows how the first teacher reform collides withthe normative institutions of teachers. The Swedish school's flat organization and the way of looking at development work and collegial cooperation was challenged. This threatened teachers' autonomy, identities, social roles and thus their ontological security. At the same time principals and first teachers stood and still stand between different normative systems where the normative logic differs. When these collide, problems arise during implementation. The conclusion is that, besides making a clearer policy formulation, teachers and principals should be prepared to change normative institutions and the organizational structure of the Swedish school in order for the reform to have an even more positive effect.
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Exploring attitudes of university students towards seeking psychological counsellingLawrence, Michelle January 2009 (has links)
Magister Artium (Psychology) - MA(Psych) / Student counselling services, typically located within a holistic developmental approach, aim to render comprehensive student services to service users in relation to their psychological, social, educational and spiritual well-being. However, a number of cognitive and affective barriers reportedly reduce the likelihood of young people at universities seeking professional psychological help for personal-emotional problems. Accordingly, the aim of this study, which is located within the Theory of Reasoned Action, was to explore students' attitudes towards utilising student counselling services, as well as their interpretations of the influence of age, gender and education on their attitudes and self-rated knowledge regarding seeking psychological help. The study thereby attempts to provide an understanding of the factors that influence help-seeking behaviours in university students. The research sample consisted of twenty nine students from the Cape Peninsula University of Technology. The data was collected through focus group discussions, which were conducted using an open-ended and participant centred approach to the discussion. The qualitative approach of the study was informed by the theory of social phenomenology. Data gathered from the focus group discussions was thematically analysed. The results suggest that attitudes have a potentially important influence on intentions to seek out psychological counselling. Findings show that students feel shame and guilt when they are struggling psychologically and as a result avoid seeking psychological intervention for fear of being negatively stigmatised. The study revealed that education around mental health disorders and the management thereof was crucial in order for them to be demystified and de-stigmatised, and to facilitate openness in the sharing of these problems, and society's understanding and acceptance of people experiencing psychological disorders. Results also indicate that there is a shift taking place in these attitudes, and suggest ways in which this change can be further facilitated, such as the utilisation of peer helpers who could playa key role in facilitating and reinforcing help seeking behaviour. The outcomes of the study may further contribute to informing universities' goal to provide accessible, quality and effective
development and support services to its students.
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Youth Exposure to Ethnic-Political Violence: An Examination of Aggression, Internalizing Symptoms, Emotional Sensitization, and Cognitive DesensitizationZoleta, Catherine 03 September 2021 (has links)
No description available.
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Betrokkenheid van lidmate by die kerk as n..funksie van lidmaathoudings ten opsigte van Godsdiens en van lidmaatpersepsie van die kerk se Psigososiale klimaat. Betrokkenheid van lidmate by die kerk as n..funksie van lidmaathoudings ten opsigte van Godsdiens en van lidmaatpersepsie van die kerk se Psigososiale klimaat.Pretorius, Tyrone Brian January 1987 (has links)
Magister Artium (Psychology) - MA(Psych) / The aim of the present study was to determine whether church involvement can be conceptualized as a function of both organizational
and personal factors. For the purposes of this study the psychosocial climate of the church served as an organizational factor while religious attitudes served as personal factors. A further aim of the study was to determine to what extent the church can be seen as a support system that serves as a buffer against stressors. Subjects consisted of 214 congregation members of 10 different churches that were spread out over the areas of Bellville-South, Kuilsriver and Belhar in the Cape Peninsula. Subjects completed five questionnaires: the Church climate scale (CCS), the Involvement in the church scale (ICS), the Survey of religious attitudes (SRA), a psychological well-being questionaire (RIF) and a
biographical questionnaire. The relationship between the different variables were determined by means of product moment correlations, stepwise multiple regression and Chi-square analyses. The analysis of the significance of the differences between more involved and less involved church members was performed by means of Rotelling's T2 statistic. It was found that, according to the psychometric measures
applied: the dimensions of the psychosocial climate of the church plays a limited role in the prediction of church insignificance as a predictor of church involvement in the final multiple regression analysis which involved all independent variables simultaneously. Orthodox religious beliefs had a positive relationship with church involvement, while inner religious conflicts had a negative relationship with church involvement. there was no relationship between church involvement and psychological well-being. orthodoxy, income, normative clarity and educational qualifications were the only significant predictors of church involvement. more involved and less involved members differed significantly and the difference between the two groups can be attributed to orthodoxy of religious beliefs. Although the results of the main investigation did not fully confirm the researcher's expectations, the intercorrelations between the different variables produced a number of interesting findings. The Church climate scale produced the following significant correlations with the other variables: ( i) "Normative clarity" correlated negatively with the experience of inner religious conflicts as well as the experience of anxiety, depression and global psychological well-being. It however correlated positively with educational qualifications. Chi-square analyses further showed that married persons, received a high level church. compared to unmarried per the persons, of "normative clarity" within "Sense of community" correlated positively with the level of religious orthodoxy and negatively with the experience of anxiety. (iii)"Social concern correlated positively with the level of religious orthodoxy as well as with sex (men percieved a higher level of social concern within the church than women) .
(iv) "Openness to change" correlated positively with the level of religious orthodoxy as well as with sex (men percieved a higher level of social concern within the church than women)
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Odpověď EU na čínskou iniciativu Nové hedvábné stezky: geopolitická analýza / The EU's Response to China's Belt and Road Initiative: A Geopolitical AnalysisNguyen, Dao January 2021 (has links)
Research on geopolitics primarily focuses on nation-state actors and how geographical factors affect their policy towards other actors in international relations. The EU, as a non-state actor and a normative power, has been understudied through the lens of geopolitics as scholars believed that this Union was unlikely to apply geopolitical thinking in their foreign policy. This thesis aims to explore to what extent and under what circumstances an actor, notably a non- state actor, applies geopolitical theories in the foreign policy. The paper argues that geopolitics theories, both classical and critical ones, have been increasingly able to explain the external relations of the EU, particularly after 2013 when the Chinese government launched Belt and Road Initiative (BRI). Furthermore, geopolitics theories also add more values to understand the complexity of the EU' foreign policy, given the fact that there is no single theory that can explain it comprehensively. As explanatory research, qualitative methods, including discourse analysis, content analysis, and process tracing, will be used to examine how the EU has responded to BRI. The thesis first reviews the scholarship on geopolitics and EU's foreign policy. Next, it investigates how China applies geoplitics in BRI. Last, it focuses on how the...
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Banishing the “Language of Murder, Blood and Revenge”: The EU’s Campaign Against the Death Penalty in IraqBludau, Hannah January 2021 (has links)
The abolition of the death penalty lies at the core of the EU’s human rights agenda. Iraq, a long-term partner of the EU, has one of the highest execution rates in the world. Despite the plethora of policies, agreements and strategies of the EU in its relations with Iraq, the death penalty remains unbridled and in widespread use. With human rights and the EU’s abolitionist policy constituting essential elements of the EU’s relations with third countries, it is vital to examine the extent to which this is the case in its relations with Iraq. The legitimacy of the EU as a leading promoter of the universal abolition of the death penalty is at stake. This thesis examines the subject of human rights promotion in the EU’s external actions with Iraq, focusing on the EU norm of the abolition of the death penalty. The EU as a ‘normative power’ in its relations with Iraq is analyzed. This thesis aims to answer the following questions: How has the EU’s foreign policy towards Iraq aligned with its normative objectives and human rights priorities? To what extent is the EU limited in its ability to promote the abolition of the death penalty in Iraq? The focus is on the period from 2004 onwards, as this marked the beginning of official EU-Iraq relations. The thesis concludes that the EU’s normative power is and will remain limited in its ability to bring about normative change as long as the Iraqi community and society continue to accept the death penalty as an appropriate punishment. Therefore, the EU must continually maintain its strong opposition to the death penalty by consistently addressing the death penalty in the documents with Iraq, working with the local community and civil society, and taking concrete action to provide for alternative punishments.
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Podnikatelský záměr- Založení mateřské školy / Business plan – Establishment of a KindergartenŠlechtická, Pavla January 2012 (has links)
The main aim of my diploma thesis is the business plan - the establishment of kindergartens in the. A partial draft variations to funding pre-school education and then evaluate the most beneficial method of financing. The theoretical part focuses on the definition of basic concepts related to business in the field, together with the possibility of setting up ,null, the financing of kindergartens. In the practical part deals with specific business plan - the establishment of private kindergartens Lupínek and evaluating the best financing options , as well as to determine whether it is a viable business plan .
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