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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.
41

Civic participation and apathy in South African Local Government : a case of Mankweng Township in Polokwane Local Municipality

Sekatle, Kananelo January 2022 (has links)
Thesis (MPA.) -- University of Limpopo, 2022 / The purpose of local government is to promote the realisation of human rights, socio-economic development, and cultural, civil, and political rights to improve communities (Ojochenemi, 2016). Residents are known to be dissatisfied with the poor quality services provided by the local government, which has resulted in unending protests and apathetic citizens. The research focused on the nature of civic participation and the causes of civic apathy in Mankweng Township, as well as the mechanisms that can be implemented to increase civic participation in Mankweng Township and how citizens‟ awareness can be raised. The study discovered that there is high levels of civic apathy in Mankweng Township, which hinders the operation of the municipality, whether it is the service delivery process or the municipality's responsiveness to the citizen's needs, based on the literature, distributed questionnaires, and conducted interviews. Civic apathy also leads to poor governance, which leads to distrust between the government and the citizens. Recommendations were made to help Mankweng Township overcome the challenges of civic apathy; one of these recommendations included encouraging township participation.
42

La technique des obligations positives en droit de la Convention européenne des droits de l'homme / The positive obligations technique in Law of the European Convention on Human Rights

Madelaine, Colombine 10 December 2012 (has links)
La Cour européenne des droits de l'homme a, en 1968, dès son cinquième arrêt au principal, établi que des droits civils et politiques pouvaient générer des obligations d'action à la charge des États. Cette affirmation venait remettre en cause la définition traditionnelle de ces droits. En effet, ils étaient classiquement considérés comme mettant à la charge des États uniquement des obligations négatives. En revanche, les droits économiques sociaux et culturels étaient présentés comme imposant seulement des obligations positives. Le juge européen a, depuis lors, mis au jour un nombre croissant d'obligations positives prétoriennes. Plusieurs techniques ont été développées pour ce faire. Cette étude vise à analyser ce que nous avons dénommé la technique des obligations positives, c'est-à-dire l'usage par la Cour des termes « obligations positives » ou « mesures positives ». Cette technique permet non seulement au juge européen de dégager des obligations d'action à la charge des États, mais également de reconnaître sa compétence pour contrôler l'exécution de ses propres arrêts, de conférer un effet horizontal à la Convention ou encore d'étendre la notion de juridiction au sens de l'article 1 CEDH. Elle est également un moyen de moduler son contrôle en permettant tantôt d'accorder une large marge nationale d'appréciation, tantôt de la réduire à néant. Cette diversification croissante de l'usage de la technique dans la jurisprudence européenne est toutefois source d'incohérences.La thèse défendue vise à démontrer que la technique des obligations positives est un outil d'adaptation de la norme juridique conventionnelle à l'évolution des États démocratiques et libéraux européens. / As early as 1968, the fifth merits judgment of the European Court of Human Rights established that civil and political rights could generate action obligations on the European States. This judgment was challenging the usual definition of those rights, which were traditionally considered as charging the public authorities with only negative obligations. In contrast, economic, social and cultural rights were positioned as imposing positive obligations on the public authorities. The European Court of Human Rights has since created an increasing number of positive obligations and several techniques were developed for this purpose. This study aims to explore the “positive obligations technique”, that is to say, the Court's use of the terms “positive obligations” or “positive measures”. This technique not only allows the Court judge to impose action obligations on the European States, also recognizes the Court judge's competence to monitor the implementation by the public authorities of its own decisions, to give a horizontal effect to the Convention and to extend the concept of "jurisdiction" within the meaning of Article 1 ECHR. This technique also permits to modulate the Court's control over the European States, granting a wide margin of appreciation or reducing it to nothing. The increasing diversification of the use of this technique in European case law is however a source of discrepancy.. This thesis aims to demonstrate that the technique of positive obligations is a tool for adaptation of the conventional norma to the changes of the democratic and liberal European States.
43

Os direitos políticos fundamentais e a inelegibilidade reflexa : por uma hermenêutica consagradora da democracia e da cidadania

Assis Junior, Carlos Pinna de 27 April 2018 (has links)
Exalting political rights as one of the fundamental elements of citizenship, the paper deals with the reflex ineligibility (or ineligibility resulting from kinship), enunciated in article 14, § 7 of the Federal Constitution, a limiting rule of the fundamental right to eligibility - the so-called ius honorum (right to be voted). The study therefore proposes to verify the degree of commitment that this restriction, when unjustified, entails to the own democracy, passing, therefore, the analysis of the dimensions of the citizenship, the fundamentality of the political rights and the conditions of eligibility and its limitations - including reflexive ineligibility - invoking the teleology of such a norm. It examines, centrally, a special factual circumstance in which the application of article 14, paragraph 7 of the Federal Constitution entails serious legal distortions, culminating in the supposition of reality by legal fiction and provoking an entirely adverse effect to what the norm has sought to protect: the proven political divergence between the holder of the elective mandate and the relative who wishes to exercise the fundamental right to be voted. Reasonability and proportionality are therefore invoked as grounds for judicial decisions that refer to the ineligibility of such circumstances, and also presents the new technological mechanisms offered in the information society as instruments to prove the ideological divergence and consequent legitimation of decisions in such cases. Everything with the scope of demonstrating, therefore, that such legal understanding aims, above all, the safeguard of the own democracy and the citizenship. / Exaltando os direitos políticos como um dos elementos fundamentais da cidadania, o trabalho versa sobre a inelegibilidade reflexa (ou inelegibilidade decorrente de parentesco), enunciada no artigo 14, § 7º da Constituição Federal, norma limitadora do direito fundamental à elegibilidade – o denominado ius honorum (direito de ser votado). O estudo propõe-se, assim, a verificar o grau de comprometimento que tal restrição, quando injustificada, acarreta à própria democracia, perpassando, para tanto, a análise das dimensões da cidadania, da fundamentalidade dos direitos políticos e das condições de elegibilidade e suas limitações – dentre as quais se insere a inelegibilidade reflexa – invocando, sobremaneira, a teleologia de tal norma. Examina, centralmente, circunstância fática especial na qual a aplicação do artigo 14, §7º da Constituição Federal acarreta graves distorções jurídicas, culminando com a suplantação da realidade pelo ficcionismo jurídico e provocando efeito inteiramente adverso ao que a norma intentou proteger: a comprovada divergência política entre o titular do mandato eletivo e o parente que pretende exercer o direito fundamental de ser votado. Invoca-se, assim, a razoabilidade e a proporcionalidade como fundamentos das decisões judiciais que relativizam a inelegibilidade reflexa em tais circunstâncias, apresentando, ainda, os novos mecanismos tecnológicos presentes na sociedade da informação como instrumentos de comprovação da divergência ideológica e consequente legitimação das decisões judicias em tais casos. Tudo com o escopo de demonstrar, assim, que tal compreensão jurídica visa, acima de tudo, a salvaguarda da própria democracia e da cidadania. / São Cristóvão, SE
44

The representation of national political freedom on web interface design: A comparison of government-based and business-oriented websites.

Li, Rowena Liu-ping 12 1900 (has links)
The purpose of this study is to explore the representation of national political freedom on web interface design by using power distance, one of the culture dimensions identified by Geert Hofstede, as a measurement. This study also aims to determine if there are any differences between government-based websites and business-oriented websites in representing national political freedom. A pilot study was conducted to validate ten power distance indicators identified from previous research on cultural dimensions with the intent of establishing a measurement for determining a country's national political freedom on web content and interface design. The result showed that six out of ten proposed indicators are valid power distance indicators. The seventh indicator, symmetric layout, demonstrated that its Web representation correlates with national political freedom level. Consequently, the principal research applied these seven indicators in coding 312 websites selected from 39 countries and analyzed national political freedom represented on these websites with content analysis method. The result of two-way analysis of variance (ANOVA) indicated that large differences exist in web interface design, which in turn reflects the aforementioned national political freedom. The research showed that the mean effect of freedom level between free-country group, partly-free-country group and not-free-country group was statistically significant (p = .003). So was the mean effect of website type between government-based and business-oriented websites (p = .000). Furthermore, the interaction between the freedom level and website type was also significant (p = .041). Therefore, we conclude that web interface design represents a country's political freedom and government-based websites embody more of a nation's authority and supremacy than business-oriented websites do. It is expected that this study furthers our exploration in culture dimensions on web interface design and advances our knowledge in sociological and cultural studies of the web.
45

Election politics and the New Partnership for Africa's Development (NEPAD) : comparing the 2001 elections in Zambia and Uganda

Mwansa, Abraham January 2004 (has links)
"The right to participate in the political and economic life of one's state is guaranteed in most African constitutions as well as in regional and international human rights instruments. It is practiced in various froms, one of which is through elections. Zambia and Uganda are among African countries that have embarked on the democratisation process. The leadership of the two countries ascribed to the New Partnership for Africa's Development (NEPAD), launched in October 2001. NEPAD emphasises a "common vision and a firm and shared conviction" by African leaders for Africa's development. It is the determination of Africans to extricate themselves and the continent from the malaise of underdevelopment and exclusion in a globalising world. ... Since the return to multiparty politics in 1991, Zambia has had periodic elections every five years, the latest being in December 2001. Uganda too, after two decades of instability and military dictatorship, returned to the path of democracy under the leadership of Yoweri Kaguta Museveni and the National Resistance Movement (NRM) and had the latest elections in June 2001, although in contrast to Zambia, it was held on the basis of a "no-party" system. Common to the elections in the two countries are alleged electoral malpractices. The electoral processes in place in the two countries have perpetuated the trend. As a result, the electorate have been cheated of their genuine choices. For NEPAD to achieve the vision it postulates, Africa requires committed leadership borne out of free, fair, open and democratic electoral processes. Africa needs electoral practices that guarantee fairness, inclusiveness and accountability of the elected to the electorate. Zambia and Uganda must adopt electoral practices that would foster democracy in the two countries and in line with the NEPAD vision for Africa stipulated in the Declaration on Democracy, Political, Economic and Corporate Governance (DDPECG). ... This thesis consists of five chapters. The first chapter outlines the context of the study. Chapter two is devoted to a study of NEPAD objectives, goals and tasks with particular attention to democracy, good governance, and free and fair and periodic elections. Chapter three looks at the electoral and legal framework of Zambia while chapter four addresses the electoral and legal frame of Uganda. Chapter five is a summary of the study and makes conclusions from the entire study and some recommendations for the adoption of particular electoral practices by the two countries, NEPAD, the civil society and the donor community." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Professor J. Oloka-Onyango at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM
46

Rethinking the right to vote: HIV/AIDS and its impact on electoral participation in sub-Saharan Africa

Chingore, Nyasha Constance January 2005 (has links)
"Elections form a key component of democratic governance. Democracy denotes a political system that, among other things, allows citizens to freely choose their government over time through credible, legitimate and acceptable elections; a system which accords them adequate participation in national affairs and a system in which the national affairs are run in a transparent and accountable manner. Democracy as a concept rests upon the consideration that a political leadership in a country must be chosen through an electon governed by fair rules under which social groups and political forces may compete on equal terms. Research has shown that HIV and AIDS may have adverse effects on democracy in Southern Africa. Electoral systems, voter participation, electoral management and administration and political institutions are among the areas of democratisation most affected by HIV/AIDS. ... Chapter one introduces the topic, the research questions to be answered by the research and the research methodology. It also contains a brief literature survey of the research on this topic so far. Chapter two sets out the legal framweork, it gives an analysis of states obligations to ensure political participation based on international and regional standards. The rights of HIV/AIDS infected and affected persons to participate in government and the meaning of [the] right to vote is discussed. The application of the international law obligations to promote and fulfill [uman rights] are discussed and the question 'Do governments have a duty to set up special mechanisms to address the HIV/AIDS pandemic within the electoral context?' is answered. Chapter three is an examination of the relationship between HIV/AIDS and political participation. A brief overview of current electoral statistics and statistics of the trend of the HIV/AIDS pandemic are given. The chapter examines the possible reasons for lack of participation by HIV/AIDS infected and affected persons. Chapter four is a critical analysis of some responses that can be adopted to address the situation. It focuses on mechanical and structural reforms to the electoral process: amending electoral laws and policies to include postal, proxy and other special voting mechanisms; providing for specific legal obligations, for example to have mobile registration and polling stations, to ensure that there is a polling station within a specific distance so that people do not have to walk far and stand in long queues in order to vote. The failure to meet such obligations must have specific legal consequences. Chapter five suggests a more controversial reform of lowering the voting age to address the impact of HIV/AIDS on democracy and children. Chapter six [includes the] conclusion and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Naz K. Modirzadeh at the Department of Law, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM
47

The constitutionality of electoral quotas for women

Diaz de Valdes, Jose Manuel January 2015 (has links)
This thesis explores the constitutionality of compulsory electoral quotas for women imposed by law. The central question this thesis attempts to answer is what makes these quotas constitutional or unconstitutional in a given jurisdiction. A double methodology was employed to answer this question: theoretical and comparative. From a theoretical perspective, it is proposed that the constitutionality of electoral quotas for women depends on the approach that domestic legal orders adopt to four issues: political representation, equality, affirmative action and political rights. An additional crosscutting factor that influences the constitutionality of these quotas is gender, mainly through its effects on the understanding of political representation and equality. From the comparative law perspective, three jurisdictions were analysed: France, Spain and Mexico. After exploring these systems' approaches to political representation, equality, affirmative action and political rights, the process of adoption of electoral quotas for women is discussed, particularly the constitutional litigation about quota laws. Finally, the relationship between the theory and the practice of assessing the constitutionality of electoral quotas for women is analysed, concluding that although courts use a theoretical framework formed by political representation, equality, affirmative action and political rights, they adopt a somewhat simplistic approach to these issues, using only one of these theoretical factors as the primary determinant, often side-stepping the most controversial issues connected with these factors, and almost completly ignoring the particularities of the target group (women). Additionally, in each jurisdiction the decisions of the courts are also influenced by domestic political and legal factors.
48

State transformation and European integration : the expression of rights (1990-2014)

Stark, R. D. Andrew January 2018 (has links)
This work examines the impact of European integration on modern European states, focusing in particular on the expression of civic, political, and social rights in these states. Without an accurate understanding of how integration has transformed states, those involved in the creation of state institutions--now and in the future--cannot hope to know how their societies will be affected by European integration, what role social voice will play in the governance process, and ultimately, how the European project might play-out. Understanding the effect of European integration on the lives of everyday citizens is the main impetus behind this research. This work aims to provide an objective assessment of the effects of European integration on state transformation and, subsequently, the expression of rights in modern Europe. This is accomplished through the examination of three case studies, each of which focuses on a different policy area. Overall, these case studies cover the time period 1990-2014. Operationalized, the research herein addresses the following question: How has being a member of the European Union or striving to join it changed states and specifically those areas linked to the expression of civic, political, and social rights? Additionally, this study tests a new theoretical construction of statehood--the Member State--so that, in the future, this construct might be used to better inform integration theories. This is all carried-out through statistical analyses that establish causal links for observed changes in the expression of civic, political, and social rights in Europe. The findings of the thesis suggest that the expression of civic and social rights have not been decreasing due to state transformation brought on by European integration, while the expression of political rights have been. Furthermore, this research finds support for the new theoretical construct of Member Statehood.
49

Religion, the Law and the Human Rights of Women in the Middle East: A Quantitative Analysis

Bouhamdan, Tyra Murielle 06 April 2009 (has links)
The human rights of women in The Middle East and North Africa (MENA) have been a subject of unresolved debate among sociologists, economists, and political scientists alike, as this region’s gender related human rights performance remains uniquely weaker compared to other geographic regions in the world. Most notably, the human rights of women in the region have been lagging in the area of family law. The following paper assesses gender inequity in the MENA region from a legal perspective, with a focus on family law and legal pluralism, and with the intent to shed light on domestic legal institutions as means of influencing the economic and political status of women both in the Middle East and globally.
50

Authoritarianism Versus Democracy In Uzbekistan: Domestic And International Factors

Aydin, Gulsen 01 February 2004 (has links) (PDF)
The objective of this thesis is to analyze the authoritarian Karimov regime in post-Soviet Uzbekistan on a comprehensive basis and shed light on the domestic and international factors that has shaped this regime. The thesis consists of three main parts. The first part of the study defines the concepts of democracy and authoritarianism and provides the criteria to determine if a regime is democratic or authoritarian. The second part applies the theoretical framework developed in the first part to Uzbekistan. The third part deals with the factors that helped Karimov to strengthen his authoritarian rule in the country. The main argument of this study is that the incumbent leadership in Uzbekistan has failed to take steps to establish democracy in the country in post-Soviet period. The changes that were introduced proved to be only decorative, they lacked substance. The president of the country, Islam Karimov, has aimed at consolidating his own authority rather than establishing democracy and that his attempts to realize this aim resulted in the strengthening of executive branch in Uzbekistan at the expense of legislative and judiciary, silencing of the opposition forces, curtailment of the civil and political rights of the citizens, restriction of autonomy of civil society organizations and media.

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