Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2017-07-03T17:03:35Z No. of bitstreams: 1 Clarissa Tassinari_.pdf: 2195126 bytes, checksum: 338613a5ca3556d91ebca2bf1513c78d (MD5) / Made available in DSpace on 2017-07-03T17:03:35Z (GMT). No. of bitstreams: 1 Clarissa Tassinari_.pdf: 2195126 bytes, checksum: 338613a5ca3556d91ebca2bf1513c78d (MD5) Previous issue date: 2016-12-19 / Nenhuma / Nos últimos dez anos, começa a ser difundida no Brasil uma hipótese teórica que torna supremacia judicial um conceito naturalizado, ou seja, algo inerente às prerrogativas funcionais do Supremo Tribunal Federal – um modo específico de compreender sua atuação, que é extraído do argumento constitucional (daquilo que se afirma estar previsto pela constituição). O objetivo da tese é desconstruir esse imaginário, demonstrando que não existe um vínculo pressuposto (natural) entre supremacia judicial e controle de constitucionalidade. Para alcançar tal objetivo, observa-se que a supremacia judicial do STF é fruto de um contexto político, que emerge da incorporação da leitura que é feita no Brasil sobre o papel do judiciário em duas tradições: do constitucionalismo norte-americano (em especial, da dimensão política da atuação da Suprema Corte dos Estados Unidos) e da experiência constitucional alemã (que atribui ao Tribunal Constitucional Federal o dever de concretização de direitos). Conjugando esses dois elementos, observa-se que a supremacia judicial se manifesta no contexto brasileiro através da concessão de três autoridades ao STF – interpretativa, política e simbólica –, o que está ligado à criação dos seguintes pressupostos: de que o Tribunal possui a última palavra na construção do direito, de que sua atuação sobrepõe-se a das instâncias majoritárias e de que ele é o poder mais habilitado (capaz) de traduzir os anseios sociais. A tese contesta a possibilidade de dar amparo constitucional a esse tríplice modo de visualizar a o exercício da jurisdição constitucional, problematizando a relação entre os poderes do estado sob os aportes da relação direito e política, o que significa a imersão na diferença existente entre a esfera jurídica e o campo político, na análise da interação entre os três poderes do estado, bem como na distinção entre decisão judicial e escolha política. Chega-se, assim, à conclusão da existência de uma supremacia judicial consentida (não decorrente do texto constitucional), isto é, construída teoricamente (através do reconhecimento da supremacia judicial pelos juristas) e institucionalmente (pelos incentivos dos poderes eleitos ou pela auto-investidura do STF). A tese foi desenvolvida através do método hermenêutico-fenomenológico, estando inserida no eixo temático que a Crítica Hermenêutica do Direito de Lenio Streck proporcionou ao direito. / From the last tens years on, a theoretical hypothesis that naturalises judicial supremacy began to be disseminated in Brazil, or, that it is something inherent to the functional prerogatives of the Federal Supreme Court – a specific way of understanding its role, which is extracted from a constitutional argument (that is claimed to be provided by the Constitution). The purpose of the thesis is to deconstruct this idea, demonstrating that there is no presupposed (natural) relationship between judicial supremacy and constitutionality control. In order to do so, it has been observed that the judicial supremacy of the STF is the result of a political context, which emerges from the incorporation of the reading made in Brazil on the role of the judiciary from two traditions: American constitutionalism (in particular, the political dimension of the role of the Supreme Court of the United States) and the constitutional experience of Germany (which gives the Federal Constitutional Court the duty to enforce rights). Combining these two elements, it has been observed that the judicial supremacy manifests itself in the Brazilian context through the granting of three authorities to the STF – interpretative, political and symbolic –, which is then linked to the creation of the following assumptions: that the Court has the last word on the construction of law, that its duty overlaps with those of the majority bodies, and that it is the most enabled (able) branch to translate social desires. The thesis disputes the possibility of granting constitutional protection to this triple way of visualising the exercise of constitutional jurisdiction, problematising the relationship between the branches of government under the contributions of the relationships between law and politics, which means an immersion in the existing difference between the legal sphere and the political field in the analysis of the interaction between the three branches of government, as well as in the distinction between judicial decision and political choice. This leads to the conclusion of the existence of a consented judicial supremacy (not derived from the constitutional text), that is, theoretically (through the recognition of the judicial supremacy by lawyers) and institutionally (by the incentives of elected officials or self- investiture of the STF) constructed. The thesis was developed through the hermeneutic-phenomenological method, being inserted in the thematic axis that Lenio Streck's Hermeneutic Critique of Law provided to Law.

Thesis (Ph.D.)--Boston University / Between 1859 and 1909, the African-American press in Boston, Cleveland, New York, and Philadelphia nurtured a radical black political consciousness that challenged white supremacy on a national and local level. Specifically, black newspapers provided the ideological foundation for the New Negro movement of the 1910s and 1920s by cultivating this consciousness in readers. This dissertation examines black newspapers as political texts through what I have called figurative black nationalism in the ante-bellum Anglo-African, Douglass' Monthly, and Christian Recorder; through the political independence advocated in the post-Reconstruction New York Age, Cleveland Gazette, and Boston Advocate; and through the tum of the century Woman's Era, Colored American, and Boston Guardian. This study challenges fundamental assumptions about race, politics, and African-American activism between the Civil War and the Progressive Era. First, analyzing how ante-bellum African-Americans used the press to define radical abolition on their own terms shows that they adopted what I call figurative black nationalism through the Anglo-African's serialization of Martin R. Delany's 1859 novel Blake, or The Huts ofAmerica. Second, even as this press moved to the post-bellum south, northern African-Americans became increasingly alienated from the conservative rhetoric of racial spokesmen, particularly as the fall of Reconstruction led to repeal of the 1875 Civil Rights Act and failure of the 1890 Federal Elections Bill. Frances E.W. Harper's serialized novel Minnie's Sacrifice perpetuated the idea that free and freed people shared a post-bellum political outlook in the Christian Recorder, but such unity was elusive in reality. Consequently, northern African-Americans adopted a form of "mugwumpism" that questioned notions of blind African-American loyalty to the Republican Party. Finally, black northerners at the turn of the century reclaimed the radical abolition and political independence of the past in a successful assault on Tuskegee-style accommodation through a radical version of racial uplift. This radical racial uplift was shaped through northern black women's appropriation of Anna Julia Cooper's feminism, through Pauline Hopkins' serial novel Hagar's Daughter, and through William Monroe Trotter's participation in the Niagara Movement. Northern black politics, rather than white Progressivism or southern black conservatism, nurtured twentieth century civil rights activism.

The legalization of medical marijuana has been a complicated and confusing process. The drug is used for medical purposes yet is only semi-legal and not approved by the federal government. This piece will observe the legal medical history of this drug in the United States. It will analyze the growth of the medical marijuana movement up to the present with a special emphasis to the importance of federal, state and local supremacy. It will observe important court cases that have been decisive in defining the reach of federal power under the Commerce Clause and the 1970 Controlled Substance Act. This analysis will look at the current legal standing of medical marijuana as well as the legal hurdles to achieve full legal status and medical recognition from state federal and local levels of government. A special focus will be given to the state of California because it has the largest medical marijuana market and has taken center stage in the movement to legalize marijuana as a medicine. This paper will also cover the growth of the state condoned medical marijuana black market and the complications that arise from taxing, and licensing semi-legal businesses. This paper will assess the monetary and personal costs of this movement and the political elements of resisting the medical development and scientific understanding of this drug. It will seek to suggest a solution to the current impasse and explain why medical marijuana in this instance has been bad medicine and dangerous policy.

Something to Talk About: Applying the Unwritten Principle of Democracy to Secure a Constitutional Right to Access Government Information in Canada by Vincent Clayton Kazmierski A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science Faculty of Law University of Toronto 2008 ABSTRACT In this thesis, I argue that the unwritten constitutional principle of democracy provides a foundation for the recognition of a constitutional right to access government information in Canada. More specifically, I argue that the principle of democracy can be used to fill the “access gap” in the written provisions of the Constitution. I begin by synthesizing the Supreme Court of Canada’s jurisprudence and the work of a number of academics to outline guidelines for the recognition of unwritten constitutional principles. I also attempt to construct a coherent account of the content and effect of the constitutional principle of democracy. I proceed to argue that recognition of a right of access to government information as part of the principle of democracy fits within the guidelines I identify as it is supported by “strong” pragmatic, historical and structural evidence. I then demonstrate how the constitutional right of access to government information may be applied to protect access to information in at least three different ways: through statutory interpretation, through the regulation of administrative discretion, and, in exceptional circumstances, through the invalidation of legislation. I rely on the work of a number of British scholars and on aspects of David Dyzenhaus’s conception of law as a culture of justification to help bridge the divide between the Supreme Court of Canada’s approach to the application of unwritten constitutional principles and the concerns raised by critics of that approach. I argue that the application of the principle of democracy respects the primary role of democratically elected representatives of the public, while establishing that the judiciary also has an important role to play in the identification and enforcement of fundamental values. I suggest that this judicial role can be effectively constrained through the guidelines sketched by the Supreme Court and more fully articulated in this thesis. Finally, I argue that the application of the principle of democracy to invalidate legislation can also be justified in exceptional circumstances where the legislation imposes substantial impediments on fundamental aspects of the democratic process. In such cases, the principle of parliamentary supremacy is properly counterbalanced by the principle of democracy.

Something to Talk About: Applying the Unwritten Principle of Democracy to Secure a Constitutional Right to Access Government Information in Canada by Vincent Clayton Kazmierski A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science Faculty of Law University of Toronto 2008 ABSTRACT In this thesis, I argue that the unwritten constitutional principle of democracy provides a foundation for the recognition of a constitutional right to access government information in Canada. More specifically, I argue that the principle of democracy can be used to fill the “access gap” in the written provisions of the Constitution. I begin by synthesizing the Supreme Court of Canada’s jurisprudence and the work of a number of academics to outline guidelines for the recognition of unwritten constitutional principles. I also attempt to construct a coherent account of the content and effect of the constitutional principle of democracy. I proceed to argue that recognition of a right of access to government information as part of the principle of democracy fits within the guidelines I identify as it is supported by “strong” pragmatic, historical and structural evidence. I then demonstrate how the constitutional right of access to government information may be applied to protect access to information in at least three different ways: through statutory interpretation, through the regulation of administrative discretion, and, in exceptional circumstances, through the invalidation of legislation. I rely on the work of a number of British scholars and on aspects of David Dyzenhaus’s conception of law as a culture of justification to help bridge the divide between the Supreme Court of Canada’s approach to the application of unwritten constitutional principles and the concerns raised by critics of that approach. I argue that the application of the principle of democracy respects the primary role of democratically elected representatives of the public, while establishing that the judiciary also has an important role to play in the identification and enforcement of fundamental values. I suggest that this judicial role can be effectively constrained through the guidelines sketched by the Supreme Court and more fully articulated in this thesis. Finally, I argue that the application of the principle of democracy to invalidate legislation can also be justified in exceptional circumstances where the legislation imposes substantial impediments on fundamental aspects of the democratic process. In such cases, the principle of parliamentary supremacy is properly counterbalanced by the principle of democracy.

Submitted by Renata Lopes (renatasil82@gmail.com) on 2018-05-23T19:19:14Z No. of bitstreams: 1 kelviafariaferreira.pdf: 1406552 bytes, checksum: 812832736976539944b9d6bb3d5df049 (MD5) / Rejected by Adriana Oliveira (adriana.oliveira@ufjf.edu.br), reason: Favor corrigir nome próprio Tribunal Constitucional Português on 2018-06-14T12:36:48Z (GMT) / Submitted by Renata Lopes (renatasil82@gmail.com) on 2018-06-14T12:51:37Z No. of bitstreams: 1 kelviafariaferreira.pdf: 1406552 bytes, checksum: 812832736976539944b9d6bb3d5df049 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2018-09-03T16:04:04Z (GMT) No. of bitstreams: 1 kelviafariaferreira.pdf: 1406552 bytes, checksum: 812832736976539944b9d6bb3d5df049 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2018-09-03T16:04:21Z (GMT) No. of bitstreams: 1 kelviafariaferreira.pdf: 1406552 bytes, checksum: 812832736976539944b9d6bb3d5df049 (MD5) / Made available in DSpace on 2018-09-03T16:04:21Z (GMT). No. of bitstreams: 1 kelviafariaferreira.pdf: 1406552 bytes, checksum: 812832736976539944b9d6bb3d5df049 (MD5) Previous issue date: 2018-03-23 / FAPEMIG - Fundação de Amparo à Pesquisa do Estado de Minas Gerais / A presente pesquisa parte da análise das decisões do Tribunal Constitucional português proferidas no contexto do que se convencionou denominar Jurisprudência da crise. Analisouse os acórdãos desta Corte constitucional que julgaram as leis do orçamento do Estado para os anos de 2011, 2012, 2013 e 2014, a fim de verificar se o Tribunal incorreu em supremacia judicial. Para tanto, adotou-se como marco teórico o conceito de Jeremy Waldron sobre qual espécie de atuação judicial, na realização do controle de constitucionalidade forte, tende à supremacia. Desta forma, objetivou-se verificar se, ao analisar a alegação de ofensa a direitos sociais, através das medidas de austeridade presentes nos orçamentos do Estado, o TC atendeu aos pedidos de judicialização destes direitos e se adotou postura de ativismo judicial. O método de pesquisa adotado foi o empírico-qualitativo, de modo que o marco teórico operou como medida para a aferição dos resultados e realização das inferências. Neste sentido, intentou-se testar se a atuação do TC enquadra-se no conceito de Waldron. Assim, através desta abordagem empírica, verificou-se que o Tribunal Constitucional português, no âmbito específico da Jurisprudência da crise, não incorreu em supremacia judicial. Observou-se que a Corte, em todas as decisões, ponderou o interesse público consubstanciado na necessidade de superação da crise econômica, restringindo sua análise à existência ou não de ofensa pontual ao direito social posto para sua apreciação. / This research is based on the analysis of the decisions of the Portuguese Constitutional Court in the context of what has been called of Jurisprudence of crisis. We analyzed the judgments of this Constitutional Court that judged the State Budget Laws for the years 2011, 2012, 2013 and 2014 in order to verify if the Court incurred in judicial supremacy. For that, the concept of Jeremy Waldron was adopted as a theoretical framework on which kind of judicial action, in the accomplishment of strong judicial review, tends to supremacy. Therefore, the objective was to verify if, by analyzing the allegation of offense to social rights, through the austerity measures present in the State Budgets, the Court consented to the requests for the judicialization of these rights and adopted a position of judicial activism. The research method adopted was the empirical-qualitative one, so that the theoretical framework operated as a measurement for reach the results and realization of the inferences. In this way, it was tried to test if the performance of the Portuguese Constitutional Court fits the Waldron concept. Thus, through this empirical approach, it was verified that the Court, in the specific scope of the Jurisprudence of the crisis, did not incur judicial supremacy. It was observed that the Court, in all the decisions, considered the public interest consubstantiated in the necessity of overcoming the economic crisis, restricting its analysis to the existence or not of specific offense to the social right submitted to its appreciation.

Magister Artium - MA / Imāmah, (imamate) literary means leading, and khilāfah (succession) means representative. but, in the terms of "Islamic concept", the medieval theologian and jurists has termed it «Religious–Political leadership».1 the major dispute concerning the imamate surrounding the question of investiture to exercise the prophet’s comprehensive authority (Wilāyah‘āmah), as the temporal and spiritual leader of the ummah (community). From demising of the prophet, the matter of imamate, between Ash‛arī and Shī‘ah (twelve) there are two main opinions. Ash‛arī’s views are prevalent among the early Muslims headed by Abûbakar and his associates regarded the imamate to be right of the ummah (nation), and they chose Abûbakar. The Shī‘ah implicitly rejected the previous opinion, and maintained that the leadership was passed on through a special designation. This regarded the imamate divinely invested in ‘Ali ibn Abī Ţālib, the prophet cousin and son-in-law. Therefore, controversy between Ash‛arī and Shī‘ah on the question of leadership arise after the prophet returns and coherences to the two fundamentals central points: First: The nature of the relationship of the prophethood to the political leadership. The Shī‘ah regarded political leadership as an extension of the prophetic mission after the demise of the prophet: «Meaning that political leadership is not simply political rule but it is the corollary of the interpretation of religion, and takes imamate in depth interpretation»2. Other hands, Ash‛arī consider and include it in the matter of masāliħ Al ‛āmah (public interest). The Islamic jurists definite the masāliħ al ‛āmah (public interest), any issue whether it is religion or matter of world that could not fixed with fact proof from holy Qur'ān and prophet’s tradition. Therefore, the matter of caliphate emerges it in the masāliħ al-‛āmah (public interest) which, relies on human agency. Second: The contract of political leadership and authority between the problematic of mutual consultation and divine appointment. This point focus on ‘aqd (contract) of khilāfah (repress- entative of God) between leader and ummah (nation) and evolves around the problem of consultation, mainly in the Ash‛arī’s view, which is based on "selection system". So, in the historical experience, it can be noted that the consultation as mechanism in the choosing the ruler was not achieved as an "organized system" neither in the period of the rightly guided caliphs, nor in the periods of dynastic rulers. The imamate as a «supreme leadership» had a major problem issue in the contemporary scholars, both the Islamic and secular, since it was announced in the modern context Dawlah (government), which based on nationality and separated from religious hegemony. Its dialectic, in the present article, is to deal with theological and judicial theory. Therefore, in 1979, the Islamic council of Europe published a «concept of Islamic state». Most of the figures shaded are based on the Khomeini's thought (the founder of Islamic republic revolution of Iran), and Karāchī’s Muslim council scholar (they constituted Ash‛arī view). In the Islamic state, the Khomeini thought based on «the Islamic state is constitutional; Government is based on law and the Paramount legislative authority resides on God himself». On the other hand,«the Islamic state» shaped as «the principals of an Islamic state which centers on the supremacy of God, citizens rights and proper government» 3 Therefore, caliphate it is difficult to separate or detach from prophethood in the perspective of the commentary and interpretation of equally the Qur'anic and Sunna texts. So, difference between Ash‛arī and Shī‘ah around immāmah (leadership in Islam) are based on the theological principles which rise from the problem of cosmology, divine justice and human destiny. Therefore, the difference can be based on the idea (thought) about these theological principles.

No description available.

This paper concerns the subject of air superiority; what it is, and most importantly which factors that contributes to the air superiority. A number of air power theorists and researchers have since the beginning of air warfare been pointing out the importance of air superiority and what this can lead to. It is often stated that air superiority sometimes is a must for success and once achieved victory is almost guaranteed. A number of underlying factors that can lead to air superiority has been listed earlier in previous studies and theoretical frameworks, but no systematic analyzes has ever been conducted before on how air superiority is achieved and to which extent these underlying factors lead to air superiority. The purpose of this paper is to examine the factors who contributed to the achievement of air superiority in the cases of Operation Desert Storm and Operation Deliberate Force. The result shows that all of the pre-known factors appeared in both of the two cases to some extent, but it also showed other previously unknown factors which contributed to the air superiority campaign. Out of these the most important is targeting and to neutralize the enemy air defense. Further this studie shows the importance of supporting air roles like surveillance, electronic warfare and air refueling. However, none of this can be conducted without professional and skilled personnel.

No description available.