published_or_final_version / Housing Management / Master / Master of Housing Management

This study analyzes the role the Supreme Court of India has tried to carve for itself in the Indian political system. An introductory section describes institutional characteristics of the Court and assesses its troubled attempts to define a proper doctrine of judicial review. Subsequent sections discuss Court rulings concerned with the "right to property" and affirmative discrimination for Untouchables. It is shown that the Court garnered strong support among educated and propertied segments of the population for its defense of an independent adjudication of issues arising out of agrarian reform legislation. It is also shown that the Court was capable of imposing flexible and effective standards over affirmative discrimination, despite the incapacity of elected leaders to resolve inherent moral and political problems arising out of the identification of beneficiaries. These outcomes bring into question the tendency of existing research to ignore as inconsequential the role played by judicial institutions in rapidly developing societies. Examination of cases concerned with property rights reveals that the Court was faced with genuine affronts to its integrity as an institution. These affronts came in the form of constitutional amendments which would have enabled elected elites to bypass altogether judicial imposition of constitutional limitations. The Court's reaction to this threat radically departed from the passive role usually assigned by analysts to the courts in the Third World. Giving itself the unique power to reject amendments to the Constitution, the Court projected a militant ideological defense of its proper function. This study carefully analyzes the political setting which made such a defense possible. It is suggested that the Court achieved a temporary triumph precisely because of the growing incapacity of alternate institutions to process difficult social demands. This explanation for judicial assertiveness is reinforced in the decisions concerned with affirmative discrimination. The rise of Supreme Court dominance over standards governing policies in this area is traced to conceptual and practical difficulties which courts seem uniquely equipped to handle. It is shown that non-judicial institutions were utterly unprepared to resolve inherent conflicts between group and individual rights implicit within caste-based affirmative discrimination. The Court could "resolve" such conflicts by deliberate obfuscation of legal categories identifying beneficiaries. Not faced with the practical implementation of programs under its scrutiny, the Court was required only to devise a legal language which would satisfy the need to legitimize such programs while keeping them limited to the genuinely needy. Detailed examination of these policy conflicts shows that it is possible for judicial institutions to articulate and act upon their own prerogatives in a country undergoing instability and institutional decay. Comparable research for other countries is suggested in the conclusion.

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The intention of this dissertation is not to embark on a discussion on the desirability of a property clause, nor to undertake a full analysis of the property and environmental clauses as they appear in both the interim and working draft constitutions. Instead it is my intention to analyze the inherent conflict that exists between property rights, specifically ownership, and environmental conservation. This will be assessed against the backdrop of the common law, case law and in the light of both the interim and working draft constitutions. Due to the fact that the terms "deprived" and "expropriate", as used in both constitutions, broadly correspond to the concepts of police powers and eminent domain, and since measures taken in the name of environmental conservation are invariably carried out under the auspices of the States police power, it is necessary to :- (a) assess the "deprivation"-"expropriation" conflict and emphasise the ambiguity that can arise in interpreting and differentiating between the two terms; (b) draw a distinction between police power deprivations and expropriatory deprivations. Foreign jurisdictions have experienced grave problems in drawing this distinction, which has been further exacerbated by the concept of inverse condemnation. U.S takings jurisprudence is analyzed to elicit the resultant chaos which will emerge if the courts do not come up with an adequate solution. A possible solution is offered which will provide the courts with an analytical framework within which to work; and (c) assess, although to a lesser extent, the courts ability to review Parliamentary enactments and administrative action. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1996.

In Canada, little is known about the governance of private protected areas (PPAs) and their contribution to the public interest. This dissertation evaluates the extent to which PPAs in Canada adhere to generally advanced principles of good governance - Direction, Legitimacy, Fairness, Performance and Accountability - and it assesses their contribution to the public interest. Findings from descriptive analysis of six case studies of Individual, Corporate, Non-Government and First Nation authorities indicate that principles are adhered to with relative vigor and visibility and that the public interest is generally advanced. The governance pattern is not strongly differentiated and it is generally uniform in strengths and limitations. The cases studied were exceptionally strong in fulfilling the principles of Direction and Legitimacy. Management documents not only employed long-term, ecosystem-based approaches, the private areas were shaped by the collaboration and support of a diverse array of interested parties. Public participatory processes remain relatively ad hoc in nature. Issues management occurred in each of the private areas studied. There was no evidence, however, of intractable disputes, suggesting that the principle of Fairness was fulfilled. The principle of Performance was determined to be the weakest across the sector. Generally, appropriate standards are not well defined, monitoring is highly fragmented and there is an absence of reporting on performance outcomes, which creates uncertainty about the standing of protection and conservation values. Accountability is multi-dimensional: accountability to different stakeholders for various goals and activities through different mechanisms is salient. Independent oversight is employed infrequently. Findings also reveal subscription to a broad spectrum of protected area values that are achieved through moral. fiduciary and legal means. The desire to pass along a natural legacy to future generations is a leading feature. Formally expressed values that are widely shared include protection of ecosystems and biological diversity. Public access is generally constrained. Protection in perpetuity is most often guaranteed through instruments that impose obligations upon future land owners. Support for strengthened governance processes and structures would further the complementary role and contribution that this sector can make to the important mission that protected areas seek to accomplish.

Thesis (MA (Teol.))-Universiteit van Pretoria, 2008. / Includes bibliographical references.

Thesis (Ph. D.)--University of Washington, 1999. / Vita. Includes bibliographical references (leaves [308]-319).

Thesis (Ph.D.)--University of Nebraska-Lincoln, 2009. / Title from title screen (site viewed June 26, 2009). PDF text: 315 p. : col. ill. ; 3 Mb. UMI publication number: AAT 3350371. Includes bibliographical references. Also available in microfilm and microfiche formats.

Thesis (Ph. D.)--University of Oregon, 2004. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 91-96). Also available for download via the World Wide Web; free to University of Oregon users.

Zugl.: Leipzig, Universiẗat, Diss., 2008. / Includes bibliographical references (p. [502]-534) and index.