The thesis deals with the public expectations in relation to external audit and especially the difference of these expectations from how auditors themselves percieve their role (so called expectation gap). First, it briefly outlines the origin, development and the role of external audit. The following chapters describe how the non-professional public understands audit, what are the causes of unreasonable expectations and to which areas they are most often related. Finally, the consequences arising from the existence of unreasonable expectations (or expectation gap) are reviewed and ways how to eliminate or at least reduce these expectations (expectation gap) are discussed.

Human powers of moral reasoning and motivation are fragile. How should citizens committed to the achievement of liberal justice respond to this fact? This dissertation theorises a class of moral requirements that are central to the practice of liberal democracy but have been recently overlooked by political philosophers: the fortificational duties, which enjoin citizens to design and submit to civic practices that improve both their moral reasoning and the motivational resilience of their sense of justice. It considers the proposition that a conception of justice is unjustified if unlikely to generate its own freely willed maintenance, or stability, in the face of human nature, and it argues that this proposition is false. If justice may face overwhelming resistance unless steps are taken to fortify ourselves against our own fallibility, the right response is to pursue precisely such fortification. Chapter One sketches the orienting ideal of the dissertation: an ideal of a social world in which citizens live together as free and equal. Chapter Two assesses the proposition that we ought to modify or abandon this ideal if we determine that it is unlikely to be freely realised without serious civic or institutional assistance—a move suggested by John Rawls’s “stability test”—and it argues that the candidate arguments for this conclusion fail. The chapter instead argues that citizens are subject to moral requirements to fortify their sense of justice by designing and submitting to measures that increase the likelihood that they will accurately identify and freely comply with their fundamental moral duties. These measures together constitute a liberal democracy’s “stability charter.” Chapters Three to Six explore proposed elements of citizens’ stability charter. Chapter Three discusses the fortification of moral reasoning through democratic deliberation. Chapter Four considers what institutional mechanisms could keep democracy oriented toward the achievement of justice despite human fallibility, and it defends a minimalist conception of judicial review as a case study. Chapter Five argues that the practice of criminal punishment is justified by the duties of wrongdoers to pursue additional fortificational measures in the aftermath of their moral powers’ defective operation. And Chapter Six focuses on the special problem posed to the enduring achievement of justice by “unreasonable citizens” who reject fundamental liberal values. The distinctive contribution of the dissertation lies, firstly, in its novel appropriation of the Rawlsian ideal of stability—reconceiving stability not as a justificatory condition set by reason on our convictions, but as a practical challenge that our own convictions set for us—and, secondly, in its deployment of that insight to motivate novel arguments about the character of democratic deliberation, the limits and role of judicial review, the proper purposes of criminal punishment, and the ideal method of engagement with unreasonable citizens.

This phenomenological study was designed and conducted in a Post 1992 ‘new university’ situated in the UK. The aims of the study were a) to investigate inclusive practice amongst disabled students in higher education, b) to explore students’ perceptions on their lived experiences of the support provided c) to explore disabled students’ experiences of the process in gaining support d) to identify the kind of practices disabled students used to support their own effective learning in HE. A sample of 14 students, aged 19 to 56 volunteered to participate in the study. The study was underpinned by inclusive theory and equality policy provided for higher education institutions. Rich data from phenomenological interviews was analysed using thematic and narrative analysis. Analysis of the data uncovered new knowledge for lecturers and support staff in understanding disabled students’ lived experiences as they approached support systems and classrooms in higher education. The key findings involved a) barriers to communication and collaboration between students and lecturers, b) attitudes of staff and the asymmetries of power experienced by students in accessing support, c) issues around student anxiety, dependence and independence and ownership of learning, d) the idea that a reasonable adjustment could be unreasonable and embarrassing and evidence of tokenism in supporting students. The recommendations included a) the need for more in-depth training for all staff in equality and inclusive practice and inclusive course design, b) more support for students in negotiating their Study Needs Assessment, c) bridging the communication gap between Student Wellbeing, lecturers and students. The changes in funding to the Disabled Students’ Allowance came into force during 2016 which has consequently reduced or removed support for students who have disclosed a disability. Due to such changes, it will be even more important for universities to support the training of students, lecturers and support staff in creating and maintaining more inclusive environments in the future.

Le fait même de nous engager dans un projet explicatif, que nous nommons canoniquement philosophique, nous convoque à ce présupposé de l’affinité entre langage et monde. Nous proposons dans l’introduction une approche cohérentiste des systèmes philosophiques, définis comme des visions du monde où ontologie et épistémologie se doivent un support mutuel. Les positions épistémologiques de Locke, définies par son empirisme, sont juxtaposées à une conception corpusculaire de la réalité. Nous montrerons que les tensions qui existent entre ces deux positionnements sont consolidées par une attitude doxastique profondément réaliste, aboutissant à la fameuse thèse de la ressemblances des qualités primaires réelles et perçues. La science de l’époque est ainsi promue par une ligne rationaliste d’une affinité profonde entre ces catégories qui nous rendent intelligible notre environnement et la réalité même. Le naturalisme contemporain s’appuie quant à lui tout entier sur l’intelligibilité que nous avons du réel au travers de l’activité scientifique, fondant dès lors une résurgence de l’ontologie comme cet idéal d’une accessibilité rationnelle du réel, par le biais de procédures largement a priori, que nos sciences affleurent. Si les prétentions des métaphysiciens à pouvoir remplir cet objectif au moyen de préconceptions ontologiques doivent être déçues, il paraît plus juste de valoriser l’a priori mathématique qui, pace le modèle du réseau holiste de Quine, semble empiriquement incorrigible. Son efficacité ‘déraisonnable’ dans l’heuristique de nos sciences fondamentales le place en première ligne dans la constitution des différentes strates d’objectivation de notre environnement. / The very fact of being engaged in an explicative program, canonically called philosophical, calls us to this presupposition of an affinity between world and words. We propose in the introduction a coherentist approach to philosophical systems, defined as worldviews where ontology and epistemology are in charge of mutual support. In Locke’s empiricism, the epistemological line defined by his empiricism is coupled to a corpuscularist conception of reality. We’ll show that the lines of tension existing between those two positions are consolidated by a deeply realistic doxastic attitude, bringing to the famous thesis of the likeness between real and perceived first qualities. The science of that time is thus promoted by a rationalist line of a deep affinity between the categories that make our environment intelligible and the very reality. Today’s naturalism leans entirely on the intelligibility that we have of reality through scientific activities, so founding the reappearance of ontology as this ideal of rational access to reality, by means of largely a priori procedures, that our sciences flush. If the pretentions of the metaphysicians to meet those objectives have to be deceived, it seems more judicious to value the mathematical a priori which, pace Quine’s model of the seamless web of belief, seems empirically incorrigible. It’s unreasonable effectiveness in the heuristics of our fundamental sciences places effectively it in the very first line in the constitution of the different strata of objectivation of our environnement

Made available in DSpace on 2016-04-26T20:30:14Z (GMT). No. of bitstreams: 1 Joao Filipe Moreira Lacerda Sabino.pdf: 656871 bytes, checksum: 0ba8fda5cbc60edf7bcef1cdd36ec7b9 (MD5) Previous issue date: 2010-05-24 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / The present study is aimed at examining the impact of the constitutional theory of international human rights treaties on Convention number 158 of the International Labor Organization (ILO). The importance of this study is translated in an attempt to correlate part of the constitutional theory of human rights to national labor law for the application of appropriate standards. For this purpose, the study begins with an analysis of the conception and denomination of human rights for a better understanding of the topic. The origin of human rights is further assessed to confirm its progressiveness in time, which would certainly influence the manner in which these rights must be interpreted. Taking into account the historical evolution of human rights, these rights may be classified according to different generations and dimensions. Subsequently, a study on international treaties is conducted to observe whether the ILO Conventions are international treaties for human rights protection and the Federal Constitution is related to the International Human Rights Treaties. The study further analyzes the constitutional regime of human rights treaties (its hierarchical threshold in Brazilian law, formation, incorporation and denouncement) indicating the main theories about the subject. Furthermore, the study addresses the impact of human rights treaties on our legal system, and more specifically on Brazilian Labor Law. With this intent, Convention number 158 of the ILO is evaluated because it is a relevant and modern topic. The study also discusses the compatibility of rules predicted in Convention number 158 with constitutional precepts, in order to assess the constitutionality (or lack of constitutionality) of its content and its denunciation by the Brazilian State. In conclusion, after detailing precepts of the Convention, the study indicates doctrinal and jurisprudential criteria to compensate for the failure to apply Convention number 158/ILO / O presente trabalho destina-se ao estudo do impacto da teoria constitucional dos tratados internacionais sobre direitos humanos na Convenção 158 da Organização Internacional do Trabalho (OIT). Sua importância se traduz na tentativa de relacionar parte da teoria constitucional dos direitos humanos ao direito do trabalho nacional, para a aplicação da normativa correta. Para tanto, inicia-se com a análise da conceituação e da denominação dos direitos humanos para melhor compreensão do tema. Em seguida, verifica-se a origem dos direitos humanos para que seja comprovada sua progressividade no tempo, o que certamente influi na forma pela qual esses direitos devem ser interpretados. Levando em conta a evolução histórica dos direitos humanos, esses podem ser classificados segundo diferentes gerações ou dimensões. Posteriormente, é realizado estudo acerca dos tratados internacionais, observando-se as Convenções da OIT são tratados internacionais de proteção aos direitos humanos e relacionando a Constituição Federal com os Tratados Internacionais sobre Direitos Humanos. Em seguida, analisa o regime constitucional dos tratados de direitos humanos (seu patamar hierárquico no direito brasileiro, formação, incorporação e denúncia), apontando as principais teorias a respeito do tema. Ainda, trata do impacto dos tratados de direitos humanos em nosso ordenamento e, especificamente, no direito do trabalho brasileiro. Para tanto, estuda a Convenção 158 da OIT, pela relevância e atualidade do tema. Nesse sentido, discorre sobre a compatibilidade das normas previstas na Convenção 158 com os preceitos constitucionais, a fim de verificar a constitucionalidade ou não de seu conteúdo e de sua denúncia pelo Estado brasileiro. Por fim, após detalhar os preceitos da Convenção, aponta os critérios doutrinários e jurisprudenciais para que seja suprida a omissão decorrente da não aplicação da Convenção 158/OIT

The Constitution of the Republic of South Africa guarantees every person a fair trial; the right to a fair trial right trial must begin and conclude within a reasonable time and without undue delay. Internationally the same guarantees and protections are available to unconvicted suspects. However, the South African criminal justice system lacks behind internationally and falls short of promoting these guarantees. Investigation was done on delays in commencing and finalising trials in light of constitutional provisions, the consequence and the impact of the delay with discussion on prison conditions and overcrowding with reference to the Constitutiton, legislation and case law. Delayed trial, prison overcrowding and poor prison conditions are still an issue in South Africa and there needs to be positive change to enforce and practice prescribed directives. South Africa‟s justice system through its servants, need to do more to gain a higher status of having a constitutionally democratic country that fully promotes‟ rights of detainees. / Criminal & Procedural Law / LLM

The Constitution of the Republic of South Africa guarantees every person a fair trial; the right to a fair trial right trial must begin and conclude within a reasonable time and without undue delay. Internationally the same guarantees and protections are available to unconvicted suspects. However, the South African criminal justice system lacks behind internationally and falls short of promoting these guarantees. Investigation was done on delays in commencing and finalising trials in light of constitutional provisions, the consequence and the impact of the delay with discussion on prison conditions and overcrowding with reference to the Constitutiton, legislation and case law. Delayed trial, prison overcrowding and poor prison conditions are still an issue in South Africa and there needs to be positive change to enforce and practice prescribed directives. South Africa‟s justice system through its servants, need to do more to gain a higher status of having a constitutionally democratic country that fully promotes‟ rights of detainees. / Criminal and Procedural Law / LLM

1 ABSTRACT CHVÁTALOVÁ, Daniela: Contract of Sale in Private Law. [Dissertation thesis]. Charles University. Faculty of Law; Department of Civil Law. Tutor: prof. JUDr. Jan Dvořák, CSc., Head of Department of Civil Law, Vice-Dean for the Doctoral Study Programme and Rigorosum Procedure. Level of professional qualification: Ph.D., Praha: PF UK, 2015. Key words: Civil Code No. 40/1964 Sb. Commercial Code No. 53/1991 Sb. Civil Code No. 89/2012 Sb. Principles of civil law. Purchase. Dual regulation. Precontracting negotiations. Offer and acceptance of the offer. Contract of sale. Purchase of personal property. Purchase of real property. Subject of the contract. Superficies solo cedit. Construction is a part of the land. Hardship clause. Purchase price and manner for determining the purchase price. Commercial terms and conditions. Decrease in a purchase price. Unreasonable decrease in the purchase price Laesio enormis. Price clause. Delivery of goods. Seller's delay in delivery of goods. Transfer of title. Rights in case of defective performance. Quality, quantity, type, and package. Rebus sic stantibus clause. Contractual penalty. Cancellation of a contract of sale. Sale of a plant. Advance payment and retainer. Supranational projects. Draft Common Frame of Reference (DCFR). Principles of European Contract Law...