Suchergebnisse

A Law useless for the human being and life in society, it is not only an ineffectived but illegitimated Law. To detect and face that is necessary to ask if such a Law fits with the legal value of the human being and its rights (Human Rights or Fundamental Rights). At national and international legal stage, Fundamental Rights are considered as the source for freedom, justice and peace in the World, or the foundation of the political order and social peace; or the supreme aim of the State and the Society. If this is the meaning of Fundamental Rights then, political powers must be closed rooted with them, not only through their responsibility to recognize and protect them, but also through the task of promoting their full compulsory force. From this point of view, Fundamental Rights present themselves as absolute realities ahead the State.

A Law useless for the human being and life in society, it is not only an ineffectived but illegitimated Law. To detect and face that is necessary to ask if such a Law fits with the legal value of the human being and its rights (Human Rights or Fundamental Rights). At national and international legal stage, Fundamental Rights are considered as the source for freedom, justice and peace in the World, or the foundation of the political order and social peace; or the supreme aim of the State and the Society. If this is the meaning of Fundamental Rights then, political powers must be closed rooted with them, not only through their responsibility to recognize and protect them, but also through the task of promoting their full compulsory force. From this point of view, Fundamental Rights present themselves as absolute realities ahead the State.

In this paper we derive the correct solution of optimal closure of the state sector studied in Section 6.4 of Aghion and Blanchard (1994). Aghion and Blanchard only present an 'approximate' solution which entails a constant unemployment rate in what they call a turnpike approximation. We show that optimal unemployment paths have two features. First, unemployment is increasing up to a certain point in time, when, second, the remaining inefficient state sector is closed down. At that point in time, which we may define as the end of transition, unemployment is discontinuous. The approximate solution presented by Aghion and Blanchard is thus found to lead to welfare losses compared to the optimal policy. In particular, the unemployment rate corresponding to the solution presented in Aghion and Blanchard is too low. Our solution is formally based on transforming the dynamic optimization problem to a scrap value problem with free terminal time.

The Colorado Division of Water Resources (Office of the State Engineer) is an agency within the Department of Natural Resources providing administration of Colorado's water resources to meet the demands of today, and to provide for the needs of tomorrow. We are committed to meeting the ever increasing challenges of origin issues, reserved rights, wetlands, endangered species recovery and interstate water issues on an already limited water supply. In addition to this website, the Division of Water Resources maintains two more sites to provide access to water data. The Real-time Streamflow website, in cooperation with Federal, State and local agencies, provides current stream conditions from over 600 gaging stations located in the State's 7 major river drainages. The Colorado Decision Support System (CDSS) website, in cooperation with the Colorado Water Conservation Board, provides current and historical information, ranging from ground water data to water rights.

The precautionary principle, which many trace back to German regulations promulgated in the early 1970s, has developed into an important environmental management tool. Its inclusion in numerous international treaties and agreements over the past seventeen years con­firms its significance. Beyond international treaties, many foreign governments have explored the application of the precautionary principle to their own decisionmaking procedures. For instance, the precautionary principle has been the central focus of judicial decisions in Australia, Canada, and India. Despite this growing global acceptance and implementation of the precautionary principle, the United States has remained adamantly opposed to its introduction into domestic policy. This Note focuses on international application or non-application of the precautionary principle in order to better understand the United States' current opposition. Ultimately, this comparative analysis should clarify, which, if any, governmental avenue will prove most effective in laying the foundation for implementation of the precautionary principle in this country.

This paper proposes using the methodological perspective of critical federalism, constructed by merging the theoretical framework of critical political economy with the analytical approach of co-operative federalism, to understand the harmonisation and operation of employment policy within the EU. By choosing to not actively integrate employment policy, the ad hoc approach pursued by the member - states has led to a sharing of competency between the member - states and the EU that mimics the relationship found between central and regional governments in a federal system. In the first section, this paper outlines how the emphasis on national competence has shaped the integration of national employment policies into a nascent federal system. In the second section, this paper constructs the methodological perspective of critical federalism and in the final section, this paper concludes by identifying the federal characteristics of the current operation of European employment policy.

This paper describes the Latino vote in the 2004 presidential election. It pays particular attention to conflicting claims regarding the extent to which Latinos voted for President Bush. It also evaluates the overall impact Latinos had on the results of the election. The 2004 election lived down to expectations. It closely followed the pattern set in 2000. That is, President Bush's victory slightly expanded his electoral base by adding Iowa and New Mexico to the states he carried previously while only losing New Hampshire from the states he won in 2000. Additionally while he lost the popular vote in 2000 by 539,947 votes, in 2004 he won it by 3,311,608, increasing his percentage of the vote from 48% to 51%. President Bush, thus, won in 2004 with a small minority that provides a legitimate basis for claiming a clear victory but not a mandate.

It is difficult to imagine two fields of scholarly inquiry with so much in common and yet so little interaction as diplomatic and policy history. Policy, policy process, policymakers, policy origins, policy intentions, policy consequences -- those terms and ones of a similar stripe roll just as easily off the tongues and word processors of diplomatic historians as of self-described policy historians. Moreover, the questions asked and the methods employed by the two groups of scholars bear a striking resemblance. Both fields focus perforce on the state and state-centered actors, concern themselves with elite-level decision making, interrogate fundamental issues of power within societies, and concentrate overwhelmingly on the twentieth century to the relative neglect of earlier periods. Each field occupies as well an embattled position within the larger historical profession, where social and cultural history have predominated since the 1960s. Adapted from the source document.

Despite the volumes that have been written on America's correctional crisis - the peerless incarceration rate, disproportionate confinement of minority group members and democratically untenable policies of disenfranchisement of people with felony convictions - criminal justice policy has changed little within the past decade or more. An important voice has been left out of these correctional policy formulations - that of prisoners. This paper proposes convict labor unions as one way to address this issue. It utilizes the United States Supreme Court majority's arguments in Jones v. North Carolina to assess the feasibility of inmate labor unions in light of current federal, state and local institutional operations; and provides a very tentative outline of how a prisoners' labor union could be structured and function - exploring the potential democratic ramifications of such unions for corrections and in broader social policy. [Copyright 2005 Elsevier Ltd.]

The problems of 'precarious' or failing states have become a central focus of international politics. Most of the recent UN-peace missions constitute attempts of 'post-conflict peacebuilding', i.e. attempts to react to phenomena of degenerating & eroding statehood. The outcome of these missions is rather mixed. International law has managed in the course of a complex learning-process to develop more or less reliable legal & institutional structures of 'post-conflict peacebuilding'. Many problems remain unsolved, however. Primary concern here is the fundamental issue of the legal legitimation of any attempt to restructure a state in the course of an external peacebuilding intervention As long as this basic question has not found an agreed answer, it will be difficult to identify clear legal limits to the scope of external intervention in the political self-organization of the polities concerned. References. Adapted from the source document.