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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

The Electoral System of The People¡¦s Congress of China

Liu, Han-yu 07 August 2006 (has links)
Will it be inevitable that the systems in relating to politics and laws undergoing necessary reforms as the economies have been developing since the opening of reforms in China? How are the systems being reformed? What directions are there for reforms? The above questions are the motives for my study. This doctoral dissertation is divided into eight chapters. An ¡§introduction¡¨ is made in Chapter I which describes motives, purposes , methods and expected results of the study. Chapter II refers to the ¡§Discussion theories of the Electoral System of PCC¡¨. It is necessary to take a closer look at the theories on which the electoral system is based before getting to learn the electoral systems in mainland China. Therefore the four theories including ¡§People¡¦s Democratic Dictatorship¡¨, ¡§Combination of Legislation and Execution¡¨, ¡§Democratic Centralism¡¨, and ¡§Socialism Featured with Chinese Characteristics ¡¨ act as the basis for this study. Chapter III elaborates ¡§the development of the electoral system for pre- PCC period before PRC was established¡¨ First of all, the Farmers¡¦ Association is introduced followed by the electoral system for the representatives for the Meeting of Labor, Farmer and Soldier and the electoral system for Senators. Afterwards, the electoral systems for People¡¦s Representative Conference and Political Consultative Conference are described. In Chapter IV, ¡§the development of the electoral system for PCC after the establishment of PRC¡¨ is detailed. According to the modifications or stipulation of electoral laws in PRC, the development is divided into five stages: a. the period of early political establishment (or called: The Period of First Electoral law), b. transition period (or called: The Period of Second Electoral law), c. reforms in an early period (or called: The Period of First time to modify the electoral law ) d. reforms in a middle period (or called: The Period of Second time to modify the electoral law ), e. period being ruled by law (or called: The Period of third time to modify the electoral law ). Chapter V explains ¡§the transition of electoral system and its association with PCC functions¡¨. Three aspects including legislation, budgeting and auditing as will as arrangements of human resources entitled to PCC are analyzed to prove that the changes of an electoral system indeed influence PCC function. In Chapter VI, ¡§disadvantages of PCC electoral system: an analysis on electoral theories ¡¨ are discussed. The disadvantage of the electoral theories both in China and in the in the occident are analyzed. following discussing that has mainland China found its disadvantages shown from the electoral system? In Chapter VII, This chapter is divided into six sections: ¡§multi-candidate election¡¨, ¡§occupational representation election¡¨, ¡§quota for rural villages¡¨, ¡§proxy voting¡¨, finally, reviews on the Community Party association with electoral system, and also discussing concerning about military and compatriot of Taiwan residing in mainland China. The Conclusions are set forth in Chapter VIII. The findings, suggestions and related consequential studies are raised here. The writer considers that we have to study on the reforms of PCC first so as to further understand the situations of democratization in China. For studying the reforms of PCC, we have to find out what the electoral system of PCC in RPC is. It is expected that the progress of democratization in PRC and possible dilemmas encountered by it may be found in the process of the study.
2

Ethnic militias in Nigeria and their impact on democratic consolidation

Sandve, Oyvind 03 1900 (has links)
Thesis (MA (Political Science. International Studies))--Stellenbosch University, 2009. / As the ethnic militias increased in strength after the transition to democracy, voices were raised whether they could pose a threat to the consolidation of democracy. In order to understand the problems that ethnic militias pose for the consolidation of democracy we try to show how they were established and how they have influenced the consolidation of democracy in Nigeria. Further, we ask if the ethnic militias have outplayed their role in Nigerian society. The main results show that the ethnic militias arose because of necessity, in an environment where ethno-nationalism was prevalent because of a repressive state’s inability to take care of its own people. The violent activities of the ethnic militias was not good for democracy in the short run, but as a counterweight to the state the ethnic militias played an important role in what can be described as civil society taken up arms. This militarising of society seems to have forced the state to take the ethnic militias more seriously. Hence, it can be claimed that the ethnic militias served as a midwife to the current Nigerian transitional democracy. However, as the state recognised the ethnic militias as a part of the political realm, and not just violent groups, the legitimacy for the ethnic militias eroded. The Oodua People’s Congress (OPC), which was the most influential ethnic militias in Nigeria, has now changed its agenda, and has not gone back to being the socio-cultural organisation as they were formed as. There is an important role for the OPC and the Niger Delta ethnic militias as a counterweight to the state, but dialogue should be the main way of communication, as violence will only foster violence. It seems clear that the state needs to take the first step in order to make this happen. The conclusion is that ethnic militias have had, and still have an effect on the consolidation of democracy by holding the state responsible for its actions, and by punishing the state when it does not act according to its people’s wishes. It can be claimed that they forced out democracy by highlighting the flaws of the Nigerian state even if the way they operated, was not democratic. By highlighting corruption, lack of law enforcement and unnecessary use of force, they were able to bring down the authoritarian rule and make way for the transition to democracy. However, they do not seem to pose a threat to consolidation in the short term, rather they can have a positive effect, as they can act a counterweight to the ruling elite and other forces obstructing democracy. As we show, ethnic militias are and have been a part of civil society, and the focus of the future should be how to incorporate them into civil society, especially the Niger Delta ethnic militias as they are still active. Ethnic militias (except for some ones in the Niger Delta) were a brief phenomena in Nigerian history, and the focus should be on understanding the reason for them coming into being, in order to avoid it happening again. This thesis tries to give a holistic view of the Nigerian political situation. This thesis fills a gap in the literature concerning ethnic militias, by incorporating the most important factors into a framework. This makes it easier to make an accurate conclusion on how they have affected democracy, and questions the opinion that militias were only harmful to Nigerian development. It is the author’s opinion that this thesis will give scholars a more nuanced perspective of the ethnic militias, and lead to more accurate research in the future.
3

一國兩制與基本法在香港的實踐與挑戰—三次人大釋法案例研究 / The challenge of “One Country, Two Systems”in Hong Kong ── A study of the NPC interpretations of Hong Kong Basic Law

陳智菡 Unknown Date (has links)
香港在西元1997年7月1日正式脫離英屬殖民地,回歸中國成為中華人民共和國領土的一部分,為了維持香港的穩定繁榮,中共以一國兩制、港人治港做為治港方針,並以中國憲法及在1990年通過並推行香港特別行政區基本法相關條例作為法律依據,給予港人高度自治的權力。 基本法推行至今業已九年,九年當中,中國最高立法機關全國人大常委會對基本法當中的模糊地界先後進行了包括「居港權案」、「雙普選案」以及「特首任期」案等三次釋法;人大釋法雖是寫入中華人民共和國憲法與基本法當中的合理權力,但在這三次釋法的過程中,仍存在有釋法的合法性、與中央是否干涉香港自治的爭議,這些爭議引起香港各界極大的討論,同時也影響了港人對一國兩制在港推行的信心。 香港特區基本法是以中國憲法做為依據的,其法律地位從屬於憲法,換言之,香港特區的自治權乃是由國家主權所派生出之地方自治權利。然而,所謂「一國兩制」,其最高原則就在於所謂「高度自治」之精神,因此,三次主要由北京當局主導的釋法行動難免引發中央過度干涉香港事務的疑慮,本文針對三次人大釋法之源起、內容、過程、及其所引發的爭議為主軸,試圖釐清中共中央是否意圖箝制香港的自治權限、抑或相關爭議只是港人過度恐慌所致?此外,特區政府與特區行政長官在釋法的過程當中又扮演何種角色?他們是否曾如實地反應民意?或者只是積極地配合中央,在相當程度上放棄自我管治的權利?這都是文中所欲釐清的焦點。撰者寄望能由本研究看出中共所大力宣揚的思想成就──「一國兩制」是否真能確實落實,也可為台灣在思考對中國大陸政策時更具體的思考方向。 關鍵詞:香港、基本法、一國兩制、人大釋法、中港關係 / Hong Kong has been a Special Administrative Region (SAR) of People’s Republic of China (PRC) since 1997, it maintains a high degree autonomy except it matters of defense and foreign affairs. It has well-established institutions that support the rule of law and vigorous civil society by the Basic Law. The Basic Law has been published in nine years. During this period, The Standing Committee of PRC’s National People’s Congress (NPC) has been approved to interpret the law for three times. Although the interpretation rights of The Standing Committee of NPC is undeniable, those moves are still causing a great deal of concerns---such as the validity of judicial procedure of interpretations and whether the PRC government interfere with the Hong Kong’s autonomy affairs or not, and so on…. Those controversial issues are not only causing a huge controversy over Hong Kong society, but also lower people's confidence in “one country, two systems”. If the Standing Committee of NPC’s thrice interpretation actions were just reflecting part of NPC membership’s opinions and Bejing’s will but totally disregarded of the view of the Hong Kong people. It will not only cripple the power of legal interpretation of Hong Kong’s judicial body. And even worse, it might cause Hong Kong’s judicial system towards to the mainland one. Meanwhile, by vesting power jointly with Bejing and the HK chief executive, the mainland authorities have succeeded in bring public opinions in HK under their thumb. This essay is aimed at the thrice interpretations, including the source, contents, process and the following issues. The NPC interpretations will have a deep impact on the development of HK’s judicial and political system. I believe, by observing the following situation after the interpretations in the HK, we will have a better understanding of the “one country, two systems”. Keywords:Hong Kong, Basic Law, One country two systems, the NPC interpretations, National People’s congress.
4

中國大陸全國人民代表大會專門委員會之研究 / A Study of PRC's National People's Congress Special Committee

林家彰, Lin, Chia-chang Unknown Date (has links)
在探討委員會制度的理論之中,「形式理論」(formal theory)、「新制度論」(new institutionalism)與「資訊理論」(information theory)等三個理論為學者所廣泛討論。有別於「新制度論」中多以「理性選擇制度主義」(rational choice institutionalism)為主的論述,本文以「歷史制度主義」(historical institutionalism)為導引、新制度應用架構為基礎,建立以「人員組成方式」、「選舉制度」與「輔助立法機構」做為全國人民代表大會專門委員會的三項制約因素。各專門委員會的職權主要可以分為「審議權」、「提案權」、「調查研究權」等三個部分,而研究發現,全國人民代表大會專門委員會確實受到「委員會組成」、「選舉制度」與「輔助立法機構」等三項因素所制約。就制度功能而言,全國人民代表大會專門委員會在發展上的確面臨到三大挑戰:「委員會組成層級偏低」、「間接選舉制度降低選舉效率,導致選區難以與委員會做連結」、「委員會與其他立法輔助機構功能重疊」。
5

L'organisation des pouvoirs publics territoriaux en Libye : pour une meilleure répartition des compétences en aménagement du territoire / The territorial organizationof public authorities in Libya : for a better distribution of skills in territory planing

Twati, Mahfod 10 February 2012 (has links)
La Libye est l’un des pays arabes les plus importants du fait de sa grande richesse pétrolière, ainsi que de sa situation stratégique, en bord de Méditerranée et proche du Sud de l’Europe. Cependant, depuis son indépendance en 1951, elle a connu différents mouvements politiques ayant généré une influence considérable sur tous les domaines de la vie en Libye ; de ce fait, cette étude traite en premier lieu l’influence des mouvements politiques, de l’indépendance en 1951 jusqu’à la chute de Kadhafi en 2011, sur l’organisation des pouvoirs publics territoriaux. Cette influence s’est caractérisée par une instabilité de cette organisation ainsi que de l’aménagement du territoire. Se basant sur cette réalité, nous avons analysé dans cette étude les moyens mis en place par les gouverneurs libyens d’utiliser cette organisation dans le but de garantir la permanence de leur pouvoir, en maintenant notamment une constante insécurité juridique et administrative. Cette instabilité organisationnelle et l’insécurité juridique ont eu un impact majeur sur le processus d’aménagement du territoire. En effet, les pouvoirs territoriaux devraient être en mesure de tenir un rôle large afin de mener à bien ce processus, rôle issu des rapports directs qu’ils entretiennent avec le peuple et ses besoins. Cette relation devrait constituer le principe premier de l’organisation des pouvoirs à tous les niveaux. Ainsi en deuxième lieu, nous avons étudié l’influence de l’insécurité juridique et de l’instabilité de l’organisation des pouvoirs territoriaux sur le processus d’aménagement du territoire. Cet impact est relatif à la répartition des compétences en planification urbaine et aux appareils locaux de contrôle, ce qui a entrainé à son tour un arrêt de l’élaboration et de la mise en œuvre des plans et des schémas de développement. De tels troubles ne pouvaient que mener à une remise en question de l’efficacité des solutions proposées par les autorités compétentes pour réduire les problèmes de l’accès aux services nécessaires pour tous les citoyens. / Libya is one of the most important Arab countries due to its great oil wealth and its strategic geographic position, along the Mediterranean sea and close to southern Europe. However, since it’s independence in 1951, it has experienced different political movements which had left a great influence, on all aspects of life in Libya. From this fact, our study deals first of all with the influence of political movements, since independence in 1951 until the fall of Qaddafi in 2011, and the structure of locale public territorial authorities. This infuence has been characterized by the instability of the organization and the planning of local public territorial authorities. This study is based on the analysis, which is the use of the instability as mean to ensure the durability of power, including maintaining a constant legal and administrative uncertainty. This territorial structure instability and legal uncertainty has had a major impact on the process of planning of local government. Indeed, the territorial authority should be able to carry out this process, and playing a role which comes from a direct relationship of the people and their needs. This relationship should be the first principle of the organization of power at all levels. Secondly, we studied the influence of legal uncertainty and instability in the organization of territorial authorities on the process of planning at the local level. This impact is linked to the sharing of competences in urban planning and local control apparatus, which in turn led to an interruption of the enlargement and implementation of plans and development schemes. Such disorders could only lead to troubling the effectiveness of solutions proposed by the competent authorities to reduce the problems of access to necessary services required by all citizens.
6

The place of African traditional religion in interreligious encounters in Sierra Leone since the advent of Islam and Christianity

Conteh, Prince Sorie 30 April 2008 (has links)
This study which is the product of library research and fieldwork seeks, on account of the persistent marginalisation of African Traditional Religion (ATR) in Sierra Leone by Islam and Christianity, to investigate the place of ATR in inter-religious encounters in the country since the advent of Islam and Christianity. As in most of sub-Saharan Africa, ATR is the indigenous religion of Sierra Leone. When the early forebears and later progenitors of Islam and Christianity arrived, they met Sierra Leone indigenes with a remarkable knowledge of God and a structured religious system. Successive Muslim clerics, traders, and missionaries were respectful of and sensitive to the culture and religion of the indigenes who accommodated them and offered them hospitality. This approach resulted in a syncretistic brand of Islam. In contrast, most Christian missionaries adopted an exclusive and insensitive approach to African culture and religiosity. Christianity, especially Protestantism, demanded a complete abandonment of African culture and religion, and a total dedication to Christianity. This attitude has continued by some indigenous clerics and religious leaders to the extent that Sierra Leone Indigenous Religion (SLIR) and it practitioners continue to be marginalised in Sierra Leone's inter-religious dialogue and cooperation. Although the indigenes of Sierra Leone were and continue to be hospitable to Islam and Christianity, and in spite of the fact that SLIR shares affinity with Islam and Christianity in many theological and practical issues, and even though there are many Muslims and Christians who still hold on to traditional spirituality and culture, Muslim and Christian leaders of these immigrant religions are reluctant to include Traditionalists in interfaith issues in the country. The formation and constitution of the Inter-Religious Council of Sierra Leone (IRCSL) which has local and international recognition did not include ATR. These considerations, then beg the questions: * Why have Muslim and Christian leaders long marginalised ATR, its practices and practitioners from interfaith dialogue and cooperation in Sierra Leone? * What is lacking in ATR that continues to prevent practitioners of Christianity and Islam from officially involving Traditionalists in the socio-religious development of the country? Muslim and Christians have given several factors that are responsible for this exclusion: * The prejudices that they inherited from their forebears * ATR lacks the hallmarks of a true religion * ATR is primitive and economically weak * The fear that the accommodation of ATR will result in syncretism and nominalism * Muslims see no need to dialogue with ATR practitioners, most of whom they considered to be already Muslims Considering the commonalities ATR shares with Islam and Christianity, and the number of Muslims and Christians who still hold on to traditional spirituality, these factors are not justifiable. Although Islam and Christianity are finding it hard to recognise and include ATR in interfaith dialogue and cooperation in Sierra Leone, ATR continues to play a vital role in Sierra Leone's national politics, in the search and maintenance of employment, and in the judicial sector. ATR played a crucial part during and after the civil war. The national government in its Truth and Reconciliation Commission (TRC) report acknowledged the importance and contribution of traditional culture and spirituality during and after the war. Outside of Sierra Leone, the progress in the place and level of the recognition of ATR continues. At varying degrees, the Sociétié Africaine de Culture (SAC) in France, the All Africa Conference of Churches (AACC), the Vatican, and the World Council of Churches, have taken positive steps to recognise and find a place for ATR in their structures. Much about the necessity for dialogue and cooperation with ATR can be learnt in the works and efforts of these secular and religious bodies. If nothing else, there are two main reasons why Islam and Christianity in Sierra Leone must be in dialogue with ATR: * Dialogue of life or in community. People living side-by-side meet and interact personally and communally on a regular basis. They share common resources and communal benefits. These factors compel people to be in dialogue * Dual religiosity. As many Muslims and Christians in Sierra Leone are still holding on to ATR practices, it is crucial for Muslims and Christians to dialogue with ATR practitioners. If Muslims and Christians are serious about meeting and starting a process of dialogue with Traditionalists, certain practical issues have to be considered: * Islam and Christianity have to validate and accept ATR as a true religion and a viable partner in the socio-religious landscape of Sierra Leone * Muslims and Christians must educate themselves about ATR, and the scriptures and teachings of their respective religious traditions in order to relate well with Traditionalists These are starting points that can produce successful results. Although at present Muslims and Christians in Sierra Leone are finding it difficult to initiate dialogue and cooperation with Traditionalists, all hope is not lost. It is now the task of the established IRCSL to ensure the inclusion of ATR. Islam and Christianity must remember that when they came as strangers, ATR, played host to them and has played and continues to play a vital role in providing hospitality, and allowing them to blossom on African soil. / Religious Studies and Arabic / D.Litt. et Phil. (Religious Studies)
7

The place of African traditional religion in interreligious encounters in Sierra Leone since the advent of Islam and Christianity

Conteh, Prince Sorie 30 April 2008 (has links)
This study which is the product of library research and fieldwork seeks, on account of the persistent marginalisation of African Traditional Religion (ATR) in Sierra Leone by Islam and Christianity, to investigate the place of ATR in inter-religious encounters in the country since the advent of Islam and Christianity. As in most of sub-Saharan Africa, ATR is the indigenous religion of Sierra Leone. When the early forebears and later progenitors of Islam and Christianity arrived, they met Sierra Leone indigenes with a remarkable knowledge of God and a structured religious system. Successive Muslim clerics, traders, and missionaries were respectful of and sensitive to the culture and religion of the indigenes who accommodated them and offered them hospitality. This approach resulted in a syncretistic brand of Islam. In contrast, most Christian missionaries adopted an exclusive and insensitive approach to African culture and religiosity. Christianity, especially Protestantism, demanded a complete abandonment of African culture and religion, and a total dedication to Christianity. This attitude has continued by some indigenous clerics and religious leaders to the extent that Sierra Leone Indigenous Religion (SLIR) and it practitioners continue to be marginalised in Sierra Leone's inter-religious dialogue and cooperation. Although the indigenes of Sierra Leone were and continue to be hospitable to Islam and Christianity, and in spite of the fact that SLIR shares affinity with Islam and Christianity in many theological and practical issues, and even though there are many Muslims and Christians who still hold on to traditional spirituality and culture, Muslim and Christian leaders of these immigrant religions are reluctant to include Traditionalists in interfaith issues in the country. The formation and constitution of the Inter-Religious Council of Sierra Leone (IRCSL) which has local and international recognition did not include ATR. These considerations, then beg the questions: * Why have Muslim and Christian leaders long marginalised ATR, its practices and practitioners from interfaith dialogue and cooperation in Sierra Leone? * What is lacking in ATR that continues to prevent practitioners of Christianity and Islam from officially involving Traditionalists in the socio-religious development of the country? Muslim and Christians have given several factors that are responsible for this exclusion: * The prejudices that they inherited from their forebears * ATR lacks the hallmarks of a true religion * ATR is primitive and economically weak * The fear that the accommodation of ATR will result in syncretism and nominalism * Muslims see no need to dialogue with ATR practitioners, most of whom they considered to be already Muslims Considering the commonalities ATR shares with Islam and Christianity, and the number of Muslims and Christians who still hold on to traditional spirituality, these factors are not justifiable. Although Islam and Christianity are finding it hard to recognise and include ATR in interfaith dialogue and cooperation in Sierra Leone, ATR continues to play a vital role in Sierra Leone's national politics, in the search and maintenance of employment, and in the judicial sector. ATR played a crucial part during and after the civil war. The national government in its Truth and Reconciliation Commission (TRC) report acknowledged the importance and contribution of traditional culture and spirituality during and after the war. Outside of Sierra Leone, the progress in the place and level of the recognition of ATR continues. At varying degrees, the Sociétié Africaine de Culture (SAC) in France, the All Africa Conference of Churches (AACC), the Vatican, and the World Council of Churches, have taken positive steps to recognise and find a place for ATR in their structures. Much about the necessity for dialogue and cooperation with ATR can be learnt in the works and efforts of these secular and religious bodies. If nothing else, there are two main reasons why Islam and Christianity in Sierra Leone must be in dialogue with ATR: * Dialogue of life or in community. People living side-by-side meet and interact personally and communally on a regular basis. They share common resources and communal benefits. These factors compel people to be in dialogue * Dual religiosity. As many Muslims and Christians in Sierra Leone are still holding on to ATR practices, it is crucial for Muslims and Christians to dialogue with ATR practitioners. If Muslims and Christians are serious about meeting and starting a process of dialogue with Traditionalists, certain practical issues have to be considered: * Islam and Christianity have to validate and accept ATR as a true religion and a viable partner in the socio-religious landscape of Sierra Leone * Muslims and Christians must educate themselves about ATR, and the scriptures and teachings of their respective religious traditions in order to relate well with Traditionalists These are starting points that can produce successful results. Although at present Muslims and Christians in Sierra Leone are finding it difficult to initiate dialogue and cooperation with Traditionalists, all hope is not lost. It is now the task of the established IRCSL to ensure the inclusion of ATR. Islam and Christianity must remember that when they came as strangers, ATR, played host to them and has played and continues to play a vital role in providing hospitality, and allowing them to blossom on African soil. / Religious Studies and Arabic / D.Litt. et Phil. (Religious Studies)

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