...particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land – Necessary and proper clause: the federal government has all the authority it needs to carry out its powers 5 The First Texas Constitutions • Six different constitutions governed the state prior to the current constitution • Each reflects different national priorities, different issues of the time, and the different values of the writers 6...
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...Federalism as a Priority As claimed by Hamilton, “The people are turbulent and changing, they seldom judge or determine right.” In these words, Hamilton expressed the simple logic behind the supposedly “evil” idea of Federalism. This quote would prove to be quite important in recent debates which would alter the entire fate of the nation, for good or for bad. On one side were the Republicans, which felt that a nation based on strict Constitutional law and favoring the majority would lead us out of our troubles. On the other, Alexander Hamilton and the Federalists, who felt an elite community of the educated and powerful would best the best for our country. Yet, despite various good points from both sides, the only truly reasonable answer...
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...we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or changing the constitution...
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...Affordable Care Act PPA 601 Foundations of Public Administration Timothy Smith December 20, 2015 If an individual needs emergency medical care, the first place that most would seek treatment is through the emergency room at the closest hospital. Even if that individual does not have any medical insurance, they know that they can and will receive treatment if they go to the emergency room instead of going to the doctor’s office. The reason that individuals can count on this serves is because of the many women and men in Congress that have spent many hours making public policies around health care that showcase how providers will attend to their patients. Public policy is the way that the government maintains order and also how the government addresses the needs of its supporters through actions that are outlined by its constitution. That definition seems vague because public policy is not a concrete thing but rather it is a term that is used to describe a plethora of laws, mandates, or guidelines that are founded through a political process. There are many types of public policies because policies are put in place to address the needs of individuals and those policies are divided into different categories as they relate to society. For example, health policy includes not only insurance but also includes all policies that are related to the heath of a certain group. When the AIDS epidemic came about in the early 1980’s, governments from all over the world had to initiate...
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...University of Nottingham Ningbo China Business School Academic Year 2015/16 Autumn Semester INTERNATIONAL BUSINESS ENVIRONMENT Lianxi Zhou EBay: China and India External Business Macro Environment Entry Report Group 2 Hugo John MASON; ID: 6513963 Boon Long Tan; ID: 6512494 Sung Jun PARK; ID: 6508247 Yasong ZHAO; ID: 6511938 Word Count: 3000 Table of Contents Introduction 2 China 3 Political Environment 3 Political and Legal System 3 Five Year Plan 3 One Belt, One Road 4 Risk 4 Economic Environment 5 Market Size 5 Currency 5 FDI 6 Socio-Cultural Environment 8 Guanxi 8 Hofstede’s Model of National Culture 9 China Recommendation 11 India 12 Political Environment 12 Political and Legal System 12 Opportunity 13 Risk 13 Economic Environment 14 Market Size 14 Currency 14 FDI 15 Regional Trade Blocs 16 Risk 16 Socio-Cultural Environment 17 Socio-Demographic 17 Trust and Uncertainty Avoidance 17 Human Resources 18 India Recommendation 19 Reference 20 Appendix 25 Introduction In recent decades a global shift has arisen and revolutionized the way businesses operate as we move into a more integrated and interdependent global economy. Known as Globalization, the e-commerce industry has been the crux of such a radical metamorphoses of nations. National economies are no longer self-contained and independent. China, having one of the fastest growing e-commerce markets at 22.6% (iResearch, 2014) has...
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...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...Labour and Constitutional Reform ✓ Labour’s Reforms ✓ The Changing Constitution ✓ Party Views and Manifestoes ✓ Assessment and Evaluation ✓ Evidence 1. Labour’s Reforms o The constitutional reforms initiated by the Labour Government elected in 1997 together promise to transform the institutional structure of the United Kingdom. ▪ The Scottish Parliament and the Welsh Assembly are the most tangible signs of this transformation but other constitutional reforms are either in being or well under way …… ▪ including the Human Rights Act of 1998 (incorporating the European Convention on Human Rights), ▪ a directly-elected mayor and assembly for London, ▪ a reformed House of Lords ▪ and Freedom of Information legislation. ▪ Although reform of the electoral system for Westminster now seems a somewhat distant prospect, the 1999 elections to the Welsh Assembly, to the Scottish Parliament and to the European Parliament were all conducted using electoral systems very different from the traditional first-past-the-post method. ▪ Referendums have been widely used, and more promised o Lecture by the Lord Chancellor, Lord Irvine of Lairg, to the Constitution Unit, Westminster. 8 December 1998 o No other Government this century has embarked upon so significant or wide-ranging a programme of constitutional reform as the New Labour Government...
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...RIGA GRADUATE SCHOOL OF LAW THE IMPLEMENTATION OF INTERNATIONAL STATE RESPONSIBILITY NATIONAL SPACE LEGISLATION IN THE EU (title) INTO MASTER’S THESIS AUTHOR: DMYTRO CHYBISOV LL.M 2007/2008 year student student number LLM00703 JANE SMITH________________ (name, surname) TUTOR: Professor____________________ (academic title) DECLARATION OF HONOUR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. (Signed) …………………………………. RIGA, 2008 2 SUMMARY In Part I the general provisions of space treaties and principles of public international law briefly summarized. An overview of “appropriate state”, “launching state” terms and international responsibility and liability issues also discussed there. Part I is supposed to introduce current international legal tools available for the regulation of space activities. It explains what is international space law, why it is important and how does it work. Moreover, certain aspects of legal treatment of governmental and non-governmental entities are comprehensively discussed. The analogy between international space law and maritime law was also reiterated. Part I particularly examines each of three main space treaties and the problematic points arising from their interpretation. The enforcement mechanism is also analyzed. It was the idea to pick up an issue and then to analyze it using the common sense and legal logic with the view...
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...THE LEGAL REGULATION OF THE EXTERNAL COMPANY AUDITOR IN POST-ENRON SOUTH AFRICA Hannine Drake THESIS PRESENTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS AT THE UNIVERSITY OF STELLENBOSCH Supervisor: Prof A.H. van Wyk March 2009 ii DECLARATION By submitting this thesis electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the owner of the copyright thereof (unless to the extent explicitly otherwise stated) and that I have not previously in its entirety or in part submitted it for obtaining any qualification. Date: 25 February 2009 Copyright © 2009 Stellenbosch University All rights reserved iii ACKNOWLEDGEMENTS In acknowledgement to all who have contributed to this work in some form: writing this thesis would have otherwise been like swimming through mud. To my supervisor, Professor Andreas van Wyk, thank you for your leadership, patience, and academic skill in guiding me through the research process. To Adéle Mulder and Charl Marais, thank you for your continuous insight and perspectives, both academic and otherwise. And finally to Hilda and Gerrie Steyn, who have been absolutely crucial throughout all my years of study, thank you for your indispensable support, in all its forms. iv SUMMARY The worldwide increase of corporate failures on the scale of Enron and WorldCom has sparked a renewed international trend of corporate governance review...
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...CSS 105 COURSE GUIDE COURSE GUIDE CSS105 INTRODUCTION TO POLITICAL SCIENCE Course Developer Dr. Derin K. Ologbenla University Of Lagos Akoka – Lagos. Dr. Derin K. Ologbenla Course Writer University Of Lagos Akoka – Lagos. Course Co-ordinator Dr. Godwin Ifidon Oyakhiromen National Open University of Nigeria Lagos. NATIONAL OPEN UNIVERSITY OF NIGERIA ii CSS 105 COURSE GUIDE National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Annex 245 Samuel Adesujo Ademulegun Street Central Business District Opposite Arewa Suites Abuja e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng National Open University of Nigeria 2006 First Printed 2006 ISBN: 978-058-434-X All Rights Reserved Printed by Goshen Print Media Ltd For National Open University of Nigeria iii CSS 105 COURSE GUIDE Contents Introduction......................................................................... Aims................................................................................... Objectives........................................................................... Working through the Course.............................................. Course Materials................................................................ Study Units........................................................................ Textbooks and References.................................................. Assessment.......................................
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...Instructor’s Manual to accompany Economics Sixteenth Edition Campbell R. McConnell University of Nebraska Stanley L. Brue Pacific Lutheran University Prepared by Randy Grant Linfield College Instructor’s Manual to accompany ECONOMICS Campbell R. McConnell and Stanley L. Brue Published by McGraw-Hill, an imprint of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright 2005 by The McGraw-Hill Companies, Inc. All rights reserved. The contents, or parts thereof, may be reproduced in print form solely for classroom use with ECONOMICS provided such reproductions bear copyright notice, but may not be reproduced in any other form or for any other purpose without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. 1 2 3 4 5 6 7 8 9 0 Text printer code/Cover printer code 0 9 8 7 6 5 4 ISBN 0-07-288477-0 www.mhhe.com The Nature and Method of Economics CHAPTER ONE THE NATURE AND METHOD OF ECONOMICS CHAPTER OVERVIEW This chapter begins with a discussion of the meaning and importance of economics. In this first chapter, however, we will not plunge into problems and issues; instead we consider some important preliminaries. We first look at the economic perspective—how economists think about problems. Next, we state some of the benefits of studying economics. Then, we examine the specific...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...4 TH EDITION Managing and Using Information Systems A Strategic Approach KERI E. PEARLSON KP Partners CAROL S. SAUNDERS University of Central Florida JOHN WILEY & SONS, INC. To Yale & Hana To Rusty, Russell &Kristin VICE PRESIDENT & EXECUTIVE PUBLISHER EXECUTIVE EDITOR EDITORIAL ASSISTANT MARKETING MANAGER DESIGN DIRECTOR SENIOR DESIGNER SENIOR PRODUCTION EDITOR SENIOR MEDIA EDITOR PRODUCTION MANAGEMENT SERVICES This book is printed on acid-free paper. Don Fowley Beth Lang Golub Lyle Curry Carly DeCandia Harry Nolan Kevin Murphy Patricia McFadden Lauren Sapira Pine Tree Composition Copyright 2010 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011, fax (201) 748-6008, website www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945)...
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...4 TH EDITION Managing and Using Information Systems A Strategic Approach KERI E. PEARLSON KP Partners CAROL S. SAUNDERS University of Central Florida JOHN WILEY & SONS, INC. To Yale & Hana To Rusty, Russell &Kristin VICE PRESIDENT & EXECUTIVE PUBLISHER EXECUTIVE EDITOR EDITORIAL ASSISTANT MARKETING MANAGER DESIGN DIRECTOR SENIOR DESIGNER SENIOR PRODUCTION EDITOR SENIOR MEDIA EDITOR PRODUCTION MANAGEMENT SERVICES This book is printed on acid-free paper. Don Fowley Beth Lang Golub Lyle Curry Carly DeCandia Harry Nolan Kevin Murphy Patricia McFadden Lauren Sapira Pine Tree Composition Copyright 2010 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011, fax (201) 748-6008, website www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945)...
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