Reforming the Division of Powers in Canada : An (Un)achievable Endeavour?

Formal amendments to the division of powers provisions of Canada's 1867 federal constitution have always proved difficult to achieve. However, since 1982, this task has become hopelessly unachievable. Modifications to, and adaptation of, the division of power has consequently been left to judges called upon to interpret sections 91 to 95 of the Constitution Act, 1867, and to executives officers of the central and regional governments as they negotiate intergovernmental agreements. The end result of theses two processes has been highly favourable to the central government. Courts have given a liberal interpretation to the central government's exclusive fields of jurisdiction. Moreover, the latter's spending power, unobstructed by the fragile legal framwork imposed under interprovincial agreements, has enabled it to encroach upon the exclusive heads of power of the provinces. As we will see, one of the main reason behind the Canadian constitutional stalemate, and for the recurrent isolation of Quebec - even where informal modification are concerned - is the different conceptions of Canadian federalism respectively held by Quebecers and by English Canadian.

Le bailli d’Amiens comme relais de l’autorité royale dans le Nord de la France au temps de Philippe VI (1328-1350)

Carte du bailliage en fichier complémentaire.

Dompter le dragon : l’économie politique de la drogue et le conflit armé en Birmanie

Les conflits armés dans des pays producteurs de drogues illicites, comme la Birmanie, sont parmi les plus longs du XXe et du XXIe siècles. Dans ces conflits, l’industrie de la drogue est souvent présentée comme la source de financement qui permet aux groupes insurgés de poursuivre leur combat contre le gouvernement central. Cependant, l’économie illicite birmane s’est développée pendant un conflit armé tout comme durant une période de stabilité accrue. Une analyse des régions shan, wa et kokang de l’État Shan démontre que les industries de la drogue ont prospéré à la fois durant le conflit armé et en l’absence de celui-ci lorsque des ententes entre élites existent autour du partage des rentes de cette économie.

Legal Control of Fishing Industry in Kerala

This work is a study on ‘Legal Control of Fishing Industry in Kerala.Fishery and Fishery-related legislations are sought to be examined in the light of scientific opinion and judicial decisionsThis work is divided into five Part.The thrust of time Study is on the success of legislative measures in attempting to achieve socio-economic justice for the fishermen community.Fishing is more an avocation than an industry. It is basically the avocation of the artisanal or traditional fishermen who depend on it for their livelihood. As an ‘industry’, it is a generator of employment, income and wealth.The modern tendency in national legislations is to integrate legal proivisions relating to EEZ fisheries into the general fisheries legislation.Chartered fishing was introduced by the Central Government during 1977-78 to establish the abundance and distribution of fishery resources in Indian EEZ, for transfer of technology and for related purposes.Going by the provisions of Articles 61 and 62 of the U.N. Convention on the Law of the Sea, 1982, foreign fishing need be permitted in our EEZ area only if there is any surplus left after meeting our national requirements.Conservation of the renewable fishery resources should start with identification of the species, their habitats, feeding and breeding patterns, their classification and characteristics. Fishing patterns and their impact on different species and areas require to be examined and investigated.the Central Government, that the Kerala Marine Fishing Regulation Act, 1980 was passed.our traditional fishermen that our Governments in power in Kerala resorted to the appointment of Commissions after Commissions to enquire into the problems of resource management and conservation of the resources. The implementation of the recommendations of these Commissions is the need of the times.General infrastructure has increased to a certain extent in the fishery villages; but it is more the result of the development efforts of the State rather than due to increase in earnings from fishing. Fisherwomen ar e still unable to enjoy the status and role expected of them in the society and the family.Around 120 million people around the tuorld are economically dependent on fisheries. In developing countries like India, small-scale fishers are also the primary suppliers of fish, particularly for local consumption. A most important role of the fisheries sector is as a source of domestically produced food. Fish, as a food item, is a nutrient and it has great medicinal value.Consumers in our country face a dramatic rise in fish prices as our ‘fishing industry’ is linked with lucrative markets in industrial countries. Autonomy of States should be attempted to be maintained to the extent possible with the help and co-operation of the Centre. Regional co-operation of the coastal states interse and with the Centre should be attempted to be achieved under the leadership of the Centre in matters of regional concern. At time national level, a ifisheries management policy and plan should be framed in conformity with the national economic policies and plans as also keeping pace with the local and regional needs and priorities. Any such policy, plan and legislation should strive to achieve sustainability of the resources as well as support to the subsistence sector.

Receivable Management in Non Banking Finance Companies with Special Reference to Vehicle Financing

In the absence of entry barrier or regulatory restrictions, Non Banking Financial Companies frantically grew and accessed the public deposit without any regulatory control. The deposit of NBFCs grew from Rs. 41.9 crore in 1971 to 53116.0 crore in 1997. This growth was the result of a combined effect of increase in the number of NBFCs and increase in the amount of deposits. The deposits amazed as above was invested in various assets especially that in motor vehicles by these asset financing NBFCs. Various tactics were adopted by these NBFCs and their agents for recovering the receivable outstanding from such assets. Both central government and RBI were concerned about the protection of depositors‘ interest and various committees were set up to frame a comprehensive regulation for the functioning of these NBFCs.

Cinematographic Licensing

In India, film censorship originated with Cinematograph Act 1918 empowering the Provincial Governments to establish censorial authorities. In 1949, an amendment provided for a Central Board of Film Censors. In 1952, a new legislation gave the Central Government enormous powers, making the Board to function as a department of the Central Government. The Government had control over the Board with the mechanism of issuing 'directions' to the censors and laying down censorship rules. The legislation did not provide any objective criteria for censoring films. The 1959 amendment, aimed at curing this defect, only incorporated the grounds contained in Article 19(2) of the Constitution. Even after expert studies and a significant decision by the Supreme Court, pointing out the inadequacy of the existing system, and governmental attempts to bring reforms by way of fresh directions, appointment of appellate authority and framing of new rules, the system still warrants radical change. The thesis explores them.

Industrial Laws In Transnational Corporations And Their Impact On The Economic Conditions Of Labour: Acase Study Of Pharmaceutical Industry In India

This study proposes to verify the hypothesis relating to labour legislation in the industrial sector.Here there are as many as fifty enacments of the central government alone.These legislations indicating the growth of this branch of law over a period of more than half a centuary cover a wide spectrum of interests of workers both individuals and collective in different areas of employment.However this study relates mainly to a)trade unions act,b)industrial employment c)industrial disputes.

Educational Loans And The Higher Education Sector In India

In 2001 the Indian Banks Association have come up with a model frame work for educational loans in the country. With the approval of the Central Government the public sector banks in India started to give education loans. The private and cooperative banks also joined the fray. Due to growing NPAs and the intervention of the Government these norms were modified in 2011. The budget allocation for the primary and higher secondary education is on the increase in India. However, higher education has been of late relegated or left to the mercy of the private players. There has been a steady growth of educational loans disbursed, private colleges and deemed universities started and enrolments of students in higher education during the years 2001 to 2011. This paper is a humble attempt to 1) analyse the growth of the educational loans vis-à-vis other forms of personal loans at the national level, 2) showcase the disbursements of educational loans in Kerala State, 3) to assess the growth of educational institutions and enrolment of students in higher education in India from secondary data and 4) to make suggestions based on the findings

La incidencia del nuevo sistema general de regalías en la descentralización fiscal en los departamentos de Cundinamarca y Meta

El proyecto tiene como objetivo principal analizar la incidencia del Nuevo Sistema General de Regalías en el proceso de descentralización fiscal en Colombia iniciado por la Constitución de 1991, tomando como estudio de caso los departamentos de Cundinamarca y Meta. Para esto, se hace un análisis de la legislación a través de la historia, examinando los factores más importantes que inciden tanto en la descentralización fiscal, como en el régimen de las regalías. El Gobierno de Juan Manuel Santos propuso la reforma al sistema de regalías exponiendo cuatro objetivos: ahorro, equidad, competitividad y buen gobierno. Todo esto eliminando las regalías directas y centralizando los recursos por el Gobierno Central, lo que generó una fuerte discusión de los gobernantes de los entes territoriales. Es en este contexto que Cundinamarca como departamento no productor y el Meta como uno de los principales receptores de regalías directas constituyen una fuente de análisis importante.

Conflict and child labor: evidence from poor households in Colombia

Colombia suffers from one of the longest civil conflicts in the world, which is believed to have had several consequences on the country’s economic and development performance. This study uses measures of central government deterrence effort as instruments of conflict to estimate the impact of conflict on children’s time allocation to two different types of work: housework and work performed outside the household for poor families living in small municipalities in Colombia. I find that conflict significantly increases the amount of time children allocate to work. Both housework, for girls, and work outside the household, for boys, increase with Guerrilla attacks. However, the later effect is the opposite for Paramilitary attacks.

Portugal e a Revisão da Lei Eleitoral

Antes da realização do ciclo eleitoral que marcou a vida portuguesa em 2009, houve uma tentativa, que chegou a ser aprovada na generalidade, para alterar a Lei Eleitoral no que concerne às eleições autárquicas e surgiram estudos sobre as possíveis alterações da lei para a eleição da Assembleia da República. As dificuldades sentidas pelo Governo de maioria relativa, chefiada por José Sócrates, na sua ação governatiava, desde logo na aprovação do Orçamento para 2010, trouxera, de novo para a discussão a questão da estabilidade governativa. Este artigo procura mostrar para essa estabilidade - tanto a nível do Poder Central como do Poder Local - não resulta da alteração da Lei, mas da construção de uma consciência democrática.

Assessing reading at Key Stage 2: SATs as measures of children's inferential abilities

This article describes two studies. The first study was designed to investigate the ways in which the statutory assessments of reading for 11-year-old children in England assess inferential abilities. The second study was designed to investigate the levels of performance achieved in these tests in 2001 and 2002 by 11-year-old children attending state-funded local authority schools in one London borough. In the first study, content and questions used in the reading papers for the Standard Assessment Tasks (SATs) in the years 2001 and 2002 were analysed to see what types of inference were being assessed. This analysis suggested that the complexity involved in inference making and the variety of inference types that are made during the reading process are not adequately sampled in the SATs. Similar inadequacies are evident in the ways in which the programmes of study for literacy recommended by central government deal with inference. In the second study, scripts of completed SATs reading papers for 2001 and 2002 were analysed to investigate the levels of inferential ability evident in scripts of children achieving different SATs levels. The analysis in this article suggests that children who only just achieve the 'target' Level 4 do so with minimal use of inference skills. They are particularly weak in making inferences that require the application of background knowledge. Thus, many children who achieve the reading level (Level 4) expected of 11-year-olds are entering secondary education with insecure inference-making skills that have not been recognised.

Land administration in a micro-state: the role of land use planning

Land policy in micro-states and the land administration that underpins it is often devised within a legacy framework inherited from a colonial past. Independence has allowed self-determination of the future political direction yet the range, legal framework, institutional structure and administration systems tend to mirror those of ex-colonial powers. Do land policies, administration systems and processes developed to serve large heavily populated countries scale down to serve the requirements of micro-states? The evidence suggests not: many land administration systems in the Caribbean face difficulties due to poor records, unclear title, exploitation of state lands, incomplete or ongoing land reform programmes, irregular or illegal settlement and non-enforced planning regulations. Land matters are typically the responsibility of several government departments and agencies responsible for land titling and registration, cadastral surveying of property interests, physical planning, taxation and financial regulation. Although planning is regarded as a land administration function, organisational responsibility usually rests with local rather than central government in large countries, but in microstates local government may be politically weak, under-resourced or even non-existent. Using a case study approach this paper explores how planning functions are organised in the Caribbean state of St Vincent & the Grenadines in relation to land administration as a whole and compares the arrangement with other independent micro-states in the region.

An integrated study of urban microclimates in Chongqing, China: historical weather data, transverse measurement and numerical simulation

Chongqing is the largest central-government-controlled municipality in China, which is now under going a rapid urbanization. The question remains open: What are the consequences of such rapid urbanization in Chongqing in terms of urban microclimates? An integrated study comprising three different research approaches is adopted in the present paper. By analyzing the observed annual climate data, an average rising trend of 0.10◦C/decade was found for the annual mean temperature from 1951 to 2010 in Chongqing,indicating a higher degree of urban warming in Chongqing. In addition, two complementary types of field measurements were conducted: fixed weather stations and mobile transverse measurement. Numerical simulations using a house-developed program are able to predict the urban air temperature in Chongqing.The urban heat island intensity in Chongqing is stronger in summer compared to autumn and winter.The maximum urban heat island intensity occurs at around midnight, and can be as high as 2.5◦C. In the day time, an urban cool island exists. Local greenery has a great impact on the local thermal environment.Urban green spaces can reduce urban air temperature and therefore mitigate the urban heat island. The cooling effect of an urban river is limited in Chongqing, as both sides of the river are the most developed areas, but the relative humidity is much higher near the river compared with the places far from it.