Zugl.: Münster, Universiẗat, Diss., 2002/2003.

Thesis (master's)--Ludwig-Maximilians-Universität, München, 2005/2006. / Includes bibliographical references (p. 115-124).

Thesis (Ph.D.). / Written for the Dept. of Art History. Includes bibliographical references.

173f. / Submitted by Oliveira Santos Dilzaná (dilznana@yahoo.com.br) on 2013-06-06T19:08:25Z No. of bitstreams: 1 Dissertação André Teixeira Jacobina.pdf: 790823 bytes, checksum: 4c19b29430c3a2ab5034f2807306f744 (MD5) / Approved for entry into archive by Ana Portela(anapoli@ufba.br) on 2013-06-07T17:22:56Z (GMT) No. of bitstreams: 1 Dissertação André Teixeira Jacobina.pdf: 790823 bytes, checksum: 4c19b29430c3a2ab5034f2807306f744 (MD5) / Made available in DSpace on 2013-06-07T17:22:56Z (GMT). No. of bitstreams: 1 Dissertação André Teixeira Jacobina.pdf: 790823 bytes, checksum: 4c19b29430c3a2ab5034f2807306f744 (MD5) Previous issue date: 2010 / O tema dessa dissertação pertence ao estudo da história política e se situa no contexto da “distensão e abertura política no Brasil”. Nesse contexto analisamos as clivagens partidárias existentes na Arena e no MDB baianos, bem como a relação entre esses partidos. Para esse fim destacamos os discursos e debates dos deputados estaduais na Assembléia Legislativa. Analisamos também os períodos que antecedem as eleições de 1974, 1976 e 1978, os resultados eleitorais e a sua repercussão ou relação com as divisões partidárias. Buscamos, assim, traçar um perfil não propriamente dos líderes políticos baianos, mas sim dos seus grupos partidários, distinguindo as características das divisões do MDB e da Arena, além de narrar o processo que antecede a reorganização institucional ocorrida em 1979, com o final do bipartidarismo. The theme of this dissertation belongs to the study of political history and is situated in the context of "distension and opening policy in Brazil”. In this context we analyze the partisan divisions that exist in the Arena and the MDB Bahia, and the relationship between these parties. To this end we emphasize the speeches and debates of state representatives in the Legislative Assembly. We also analyze the periods prior to the elections of 1974, 1976 and 1978, the elections results and its impact or relation to partisan divisions. We seek, therefore, not exactly to draw a profile of political leaders from Bahia but of their party groups, distinguishing the characteristics of MDB and Arena divisions, as well as narrating the historical process prior to the institutional reorganization occurred in 1979, with the end of bipartisanship. / Salvador

Banning Political Parties - Theory and Discourse The political regime change of the Velvet revolution in 1989 brought to light many questions, that the Czech politics and law had not to answer until then. Arguments about the legitimacy of the post-revoutionary Czech communist party marked the early years of the free competition of political parties. There being no precedent in the decision-making of Czech courts, the Supreme Administrative Court had to decide many substantial questions when dealing with the case of Dělnická strana (The Workers' Party) in 2010. Some of those were elaborated by the European Court of Human Rights, other were more of a political and philosophical nature. The history and experience of pre-war Czechoslovakia and dissolution of German national-socialist parties in 1933 also influenced the debate. The Supreme Administrative Court of the Czech Republic changed in the decison of Dělnická strana the nature of Czech political discourse and brought it out of the post-communist context to the contemporary European level. Using the concept of self-defending or military democracy, that is also used by the ECHR, it created a shared framework of both Czech and European debate on the limits of political rights and freedoms of association. The concept will be contested in the future, but its...

Substitution of Parties in Civil Proceedings The thesis deals with the substitution of parties in civil proceedings. The aim of the thesis is to analyze this procedural institute and to point out imperfections of current legislation related to substitution of parties in civil proceedings. The thesis is divided into three basic sections, the first section focuses on theoretical fundamentals and basic concepts, the second section focuses on the history of the regulation relating to substitution of parties in civil proceedings, including the professional public discussion on the topic of substitution of parties in civil proceedings, which was published in legal literature prior to the amendment to the Civil Procedure Act No. 30/2000 Sb. The last section is focused on current legislation of substitution of parties in civil proceedings, particularly on the evaluation of current legislation of substitution of parties in civil proceedings and consideration of the proposals according to intended law. Substitution of parties in civil proceedings is divided into the substitution if the claim is not extinguished (if a party dies and the claim is not extinguished), i.e. the universal succession, and into transfer of interest (if an interest is transferred), i.e. the singular succession. Substitution of parties if the...

Nowadays, arbitration is increasingly defined by its procedural flexibility and suitability to adapt to the needs and circumstances of different parties in different situations. In so being, arbitration employs the agreement to arbitrate as the device through which parties can utilise this procedural flexibility to create an exceptionally party-oriented process. Consequently, the drafting of these agreements and the choices concluded by the parties in them can very much determine whether a particular process is going to produce an efficient and effective outcome or rather frustrate the intentions of the parties and, generally, the objectives of international commercial arbitration. This thesis looks into the most influential decisions/choices made by the parties during the drafting stage of their arbitration agreements and attempts to underline the best practical and legal techniques to approach these decisions within today’s modern regulations of international commercial arbitration. The thesis begins its analysis by examining the separate procedural nature of arbitration agreements in comparison to the substantive nature of ordinary contracts. Such examination revealed that the separability of arbitration agreements produces certain consequences that can potentially uphold arbitration agreements in situations where the main contract was found illegal, non-existent, or invalid, for instance. A clear recognition of the distinct nature of arbitration agreements and the effects of that on the status of arbitration clauses, specifically, can provide the parties, from the very beginning, with rather precise expectations as to the future status of their arbitration agreement. In focus on the role of parties’ autonomy in producing timely awards, it was essential to analyse the different limitations that could restrict this autonomy and, possibly, frustrate the expectations and intentions of the parties. Such analysis revealed that these limitations were limited to incapacity, non-arbitrability, waiver of right to arbitrate, as well as public policy and mandatory rules of law. Finally, in scrutinising the most influential choices which parties can make in their arbitration agreement to positively and effectively create an intelligent international arbitration settlement, it was found that these choices mainly consisted of the choice of the seat of arbitration, the arbitrators, the language of the arbitration, and the law(s) applicable to the arbitration. Throughout this thesis, it is argued that through the consensual nature of international arbitration along with the autonomy bestowed upon its parties, the latter can have a better chance of achieving a practically and legally efficient settlement.

In what can rightly be said to be one of the most dramatic geopolitical shifts in modern times, the collapse of communist regimes in Central Europe and the former Soviet Union brought about dramatic changes in the entire region. As a consequence, wide ranging political, economic, and social transformations have occurred in almost all of these countries since 1989. The Slovak Republic, as a newly democratic country, went through the establishment of the electoral and party systems that are the central mechanisms to the formation of almost all modern democratic governments. The primary research purpose of this dissertation was to describe and explain regional variations in party support during Slovakia’s ten years of democratic transformation. A secondary purpose was to relate these spatial variations to the evolution of political parties in the post-independence period in light of the literature on transitional electoral systems. Research questions were analyzed using both aggregate and survey data. Specifically, the study utilized electoral data from 1994, 1998, and 2002 Slovak parliamentary elections and socio-economic data of the population within Slovak regions which were eventually correlated with the voting results by party in the 79 Slovak districts. The results of this study demonstrate that there is a tendency among voters in certain regions to provide continuous support to the same political parties/movements over time. In addition, the socio-economic characteristics of the Slovak population (gender, age, education, religion, nationality, unemployment, work force distribution, wages, urban-rural variable, and population density) in different regions tend to influence voting preferences in the parliamentary elections. Finally, there is an evident correlation between party preference and the party’s position on integration into European Union, as measured by perceived attitudes regarding the benefits of EU membership.

This thesis explores the effects of the federal political system upon the organization of the Liberal Party of British Columbia by means of an examination of those manifestations of disunity and conflict which can be related to the changing balance of power between the federal and provincial segments of the party. Although both parts of a Canadian political party generally recognize the value of a unified and closely integrated organization, their separate interests and requirements frequently create internal conflicts. These sources of strain between the federal and provincial wings of Canadian political parties may well reveal those distinctive attributes of Canadian party organization which are derived from participation within a federal system. Within the Liberal Party of British Columbia the changing pattern of federal-provincial party relations have been closely associated with the relative electoral strength of the two wings of the party. Challenges to the leadership and control of the provincial Association have-generally occurred when, the balance of political power was not adequately represented in the leadership of the Association. Since a combination of administrative and policy differences between the two groups provided the main sources of friction, the changing electoral fortunes of the two wings also affected the emergence and intensity of federal-provincial strains. With the exception of a five year period between 1928 and 1933, the provincial wing of the party held power in Victoria from 1916 to 1952 and the provincial leader maintained effective control of the Liberal organization in British Columbia. Although the federal party also held power throughout most of this period, the federal wing never demanded control of the provincial organization. Confrontations between strong Liberal premiers and a Liberal Prime Minister were frequently responsible for internal party friction since the sectional policies pursued by Liberal premiers of British Columbia often involved challenges to federal government policy. Although the provincial coalition with the Progressive Conservatives, between 1941 and 1952, eventually initiated severe federal-provincial strains, the campaign by federal leaders to discredit the coalition Liberals was also directed at a specific provincial leader rather than at the principle of the provincial control of the organization. The electoral eclipse of the party's provincial wing after 1952 for the first time placed the federal wing in a dominant position within the provincial party. Although the federal leaders in the province sought no official change In the party's organization, they attempted to extend their Influence within the Association. The realignment of the federal and provincial wings of the party in turn affected the sources and expression of federal-provincial strains. Although effective control of the Association has shifted from the provincial to the federal leaderships over the past decade, the Liberals In British Columbia have maintained a unified provincial organization. But while the party has always recognized the advantages of a unified organization which serves the needs of both wings of the party, the federal political system has, nevertheless, profoundly influenced the organization and fortunes of the party. The conflicting Interests created by the federal division of power not only affect the formal organization of the political party but also determine the pattern of intra-party relations. / Arts, Faculty of / Political Science, Department of / Graduate

Stable democratic systems are characterised by the persistence and distinctiveness of political subcultures which offer alternatives to the status quo. This case study describes the New Democratic sub-culture in terms of its persistence and distinctiveness. The data was drawn from a survey of New Democratic activists in the Vancouver area. The concept of political socialization was used to examine the persistence of the New Democratic subculture. Primary and secondary agents of socialization provide continuity of sub-cultural values overtime; primary agents such as family and peer groups socialize New Democrats to sub-cultural values, while secondary agents provide socialization both to the general political culture, which is primarily liberal democratic, and to values which are consonant with the organic-socialist New Democratic sub-culture. New Democrats are strongly committed to their sub-culture, but seem to be attracted to the liberal culture in some degree. The liberal value of equality of opportunity seems to be particularly attractive to New Democrats. But the New Democratic sub-culture is distinctive in the very strong value placed upon the ordinary working person's welfare. When New Democrats contrast themselves with other sub-cultures, they see themselves as the party of the working class, the underdog, while other parties are for doctors, bankers, and the status quo. The study of political culture, especially of political sub-cultures which together make up the general political culture of a system, requires more study of two problems which must be examined together. First, it is necessary to establish a taxonomy of the values which constitute a sub-culture. Second, the process of socialization to those values must be studied in a manner that will enable the researcher to make use of that taxonomy of cultural values. An ideal research strategy would combine ideographic testing with small group methods. Political activists provide an excellent laboratory for this kind of study. Once we know more about the content of political culture and the way in which it is modified in the process of socialization, we will be able to study the interaction of political sub-cultures in a much more systematic way. / Arts, Faculty of / Political Science, Department of / Graduate