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35 Uppsatser om Constitutional law - Sida 1 av 3

EMU som ett exempel på konstitutionell självbindning

This essay presents an alternative approach to the predominant democratic analysis of the European Monetary Union. As the Treaties stipulate the political conduct within Monetary Union and put certain restrictions on the European politicians they are to some extent constitutional in their character. Essential for constitutional theory is the concept of precommitment; according to which a decision is made in t1 purposing to obstruct certain actions in t2. In light of this the aim of this essay is to investigate whether or not delegating monetary responsibility to the ECB can be seen as an example of constitutional precommitment and if so, if this constitutional perspective can add something to the predominant democratic analysis of the EMU. According to the author the EMU is by and large a form of precommitment as the leading politicians in Europe figuratively have tied their hands from intervening in the common monetary policy.

Har det svenska statsskicket Europeiserats? : Konstitutionella förändringar sedan EU-inträdet

Since Sweden became a member of the European Union (EU) several constitutional reforms has been taking place. During this time, Sweden has also changed its view on democracy,from a collective to an individual perspective of democracy in the politics. A reasonable hypothesis and the purpose of this essay is to investigate if the Swedish government has beendeveloped towards an Europeanization.The Swedish state audit changed in a pioneering way after the EU- entry, with the formation of Riksrevisionen. Another constitutional change is that the Swedish EU- membership is being instituted in the Swedish constitution. The role of Swedish courts has also changed since the EU- entry.

Konstitutionsutskottet och Regeringskontrollen - En studie av kontrollmaktens utövande i enkammarriksdagen 1971-2007

The purpose of this study is to examine how parliament executes its responsibility of oversight against the government. In Sweden, parliamentary oversight of the government rests with a standing committee of parliament known as the constitutional committee.Drawing on general principal-agent theory I construct a model in which members of the constitutional committee are seen as agents in double and conflicting agency assignments. This constitutes a problem for the agent. Since it is the party group in parliament that controls the fulfilment of the agents? objectives, the agent is presumed to follow the party assignment to the detriment of the parliament assignment.The model generates two hypotheses concerning they type of oversight we should expect the members of the constitutional committee to perform against the government.

Moralpanikens (o)logiska dagordning - En fallstudie av den amerikanska kontextens undantag från den konstitutionella ordningen

Abstract"The war on terror" has resulted in numerous exceptions from the constitutional order. This thesis is an attempt to give empirical support to Georgio Agambens theory that these exceptions should be regarded as a constant element in modern societies based on a constitutional order. The results of the case study of the empirical exceptions in the American context give Agambens theory validity. The exception is a reappearing phenomenon, which implies that the constitutional order is fragile. What then is it that makes the legal norms fragile? In this thesis I will discuss the causality of moral panic.

"Homo sacer" i det svenska folkhemmet En fallstudie av rädslans politik och det konstanta undantaget från den konstitutionella ordningen i den svenska kontexten

This case study is an attempt to give empirical support to Georgio Agambens theory, regarding how the exceptions from the constitutional order should be regarded as a constant element in modern societies. The purpose was to investigate if Agambens theory is valid in the Swedish context. The exception, as definied by Agamben, is a reappearing phenomenon, which implies that the constitutional order is fragile. Individuals and groups are transferred into ?homo sacers?, meaning people that is to be regarded as legally naked, and offset from the rest of society.What then is it that make the legal norms fragile? In this thesis I will discuss the causality of moral panic.

Tysk regionalpolitik i förändring : -likvärdighet och rättvisa

German regional policy has changed from a strategy of redistribution to a regional growth focused policy- strategies, which are often seen as opposites. Both policies, however, still have to relate to the constitutional objective ?to achieve equal living conditions for the country?s citizens.?This paper examines what effects a political change may have had on the interpretation of the German constitutional objective. Its aim is to examine German regional policy and its relationship to justice, using John Rawls? A Theory of Justice.

Maktdelning : och konstitutionellt rättighetsskydd

The topic of this master thesis in legal science is state law and Constitutional law, or more specific judicalization, with the division of power and thus increased individual legal rights in various forms. Sweden has traditionally had a weak constitutional protection for the individual?s legal rights. The public power has been concentrated to the government and the courts have only played a marginal role. Since the implementation of the European convention of legal rights and with the ever-increasing importance of the legal system of the European Union, the Swedish legal system gone through changes of historical dimensions.This master thesis is based on the legal dogmatic method where laws, preparatory work, case law and doctrines have been systemized.

Sociala medier : Arbetsgivares möjligheter skydda sig mot vad arbetstagare skriver i sociala medier

The main purpose of this essay is to investigate the legal position for employers concerning protection against what employees can express about one?s employer in social media.It may regard dissatisfaction concerning employment, tort or so-called whistleblowing. The spread through social media may be comprehensive and thus cause more damage to the employer.Employees within the public sector as well as in the private are protected by the liberty of speech, which is constitutional, even the protection of sources or the right to criticize can offer some protection. This gives the employees the possibility to widely express themselves in private social media as long as it can?t be classified as a violation, which per se is very rare.However, certain differences between the both sectors will be pointed out.There are still no constitutional rights regarding social media, but a grey area has emerged concerning the legal position.

Att lära sig relationskompetens och ledarkompetens : En studie av grundlärarutbildningens utbildningsplaner och kursplaner när det gäller relationskompetens och ledarkompetens

The main purpose of this essay is to investigate the legal position for employers concerning protection against what employees can express about one?s employer in social media.It may regard dissatisfaction concerning employment, tort or so-called whistleblowing. The spread through social media may be comprehensive and thus cause more damage to the employer.Employees within the public sector as well as in the private are protected by the liberty of speech, which is constitutional, even the protection of sources or the right to criticize can offer some protection. This gives the employees the possibility to widely express themselves in private social media as long as it can?t be classified as a violation, which per se is very rare.However, certain differences between the both sectors will be pointed out.There are still no constitutional rights regarding social media, but a grey area has emerged concerning the legal position.

En komparativ analys av konsolideringen av demokratin i Kroatien respektive Bosnien & Hercegovina

This essay has the ambition to examine and compare Croatia?s and Bosnia and Herzegovina?s development towards a consolidated democracy. By applying Linz & Stepen?s theory on how to consolidate a democracy and put focus on political society, behavioral patterns, attitude and constitutional structure the purpose is to find similarities and differences between Bosnia and Croatia within this field.The focus of this study is to compare two similar countries that have developed in very different ways. By applying the theory and a comparative method the purpose is to examine why two so similar countries with so much in common have developed in so different ways?In order to better answer the question there are two part questions and these are:What difficulties, concerning consolidation of democracy, have Croatia and Bosnia faced since the democratic transition in the beginning of the 1990s?What similarities and differences in the area of democratic consolidation (with focus on political society, behavioral patterns, attitude and constitutional structure) are there between the two countries?As the analysis shows, the main reason why these two countries differ so much is that Bosnia is a divided country with different nationalities and each nationality only wants to realize its own interest and does not care about what is best for the country as an entity.

Planeringens sociala effekter : En studie av hur den fysiska miljön återspeglar de politiska visionerna i stadsplaneringen

This essay examines a presupposed correlation between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context. The more specific purpose is to test the following hypothesis: There is a reversed connection between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context, that is; a strong claim of values give reason to a limited conception of the will of the people and a weak claim of values gives reason for a more unlimited conception of the will of the people.In order to test the hypothesis I examine three different conceptions of democracy, these are: pluralist democracy, deliberative democracy and constitutional democracy. I analyze the way they look upon values, there view of the will of the people and finally if there is a connection between the way they look upon values and the will of the people. Values should be understood in a metaethical context. In other words it is not values in the ?common? meaning, instead its how val-ues in them selves should be understood, and even more relevant, what we mean when we ex-press values.My conclusions are, first and foremost, that there is a correlation between the will of the people and values, according to the formulation of the hypothesis.

Värden för demokratin eller demokrati för värden : En idéanalys av sambandet mellan begreppen folkvilja och värde i tre demokratiuppfattningar

This essay examines a presupposed correlation between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context. The more specific purpose is to test the following hypothesis: There is a reversed connection between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context, that is; a strong claim of values give reason to a limited conception of the will of the people and a weak claim of values gives reason for a more unlimited conception of the will of the people.In order to test the hypothesis I examine three different conceptions of democracy, these are: pluralist democracy, deliberative democracy and constitutional democracy. I analyze the way they look upon values, there view of the will of the people and finally if there is a connection between the way they look upon values and the will of the people. Values should be understood in a metaethical context. In other words it is not values in the ?common? meaning, instead its how val-ues in them selves should be understood, and even more relevant, what we mean when we ex-press values.My conclusions are, first and foremost, that there is a correlation between the will of the people and values, according to the formulation of the hypothesis.

Brittiska Labour ? svikare eller frälsare? : Om ett svikt vallöfte eller en räddning av Storbritanniens inflytande i EU.

This Bachelor thesis deals with the act of the British Labour Party when they recalled a referendum promised by former Prime Minister Tony Blair. Tony Blair promised a referendum on the Constitutional Treaty, but his successor Gordon Brown later recalled it when the Lisbon Treaty succeeded the Constitutional Treaty as the legal foundation of the European Union.The main purpose of this thesis was to with help from various theorethical frameworks explain why the Labour Party decided to do this, even if this decision gave the main opposition party, the Conservative and Unionist Party (the Tories), the chance to heavily critisize the Labour Party, and picture them as traitors.The research questions were:? What are the reasons that the Labour Party went from being a Eurosceptical party, to become more pro-European?? Why did the Labour Party cancel the promised referendum on the new treaty of the European Union?Various answers were found for the first research question. Among the most important was that it was a part of the over all transition which led to the launch of New Labour.The second research question was answered with three explanatory models based on actions of the Labour Party on three arenas; the electoral arena (based on power, this model claims that the Labour Party act as they do because the know the Tories would not act differently if they were in office), the parliamentary arena (based on ideology, this model claims that Labour want the Lisbon Treaty because it has a stronger social dimension than earlier treaties) and the internal arena (based on the problem of identification, this model claims that the Labour Party identifies itself with the British government, and not just the voters, and are afraid of damaging Britain?s influence in the EU and international politics if Britain says ?no? to the Lisbon Treaty)..

Den åländska hembygdsrättens omgestaltning - Från jordförvärvsskydd till regionalt medborgarskap

This article seeks to re-imagine the Alandish hembygdsrätt to a regional citizenship. Hembygdsrätt is a judicial tool that regulates acquisition of property and voting rights. Its a central part of the autonomy as it constitutes a social-border between Finns and Alanders.However as Åland and Finland became members of the European Union questions arouse concerning the legitimacy of the current statues. The community argued that it could be considered as a breach of the anti-discrimination principle. Therefore Alandish autonomy was recognized as an exception in the joint-accession treaty of Finland and Åland.

Vad får jag egentligen skriva om min arbetsgivare på facebook och andra sociala medier? : Yttrandefrihet möter Lojalitetsplikt

In today's society the borders between work and leisure blurs out more and more, and just as we might bring our work home, we might as well take our leisure to work with the help of so called smartphones with constant connection to social networks such as facebook and twitter. But what happens when the small talk around the coffee machine in the workplace gets out in public spaces? Instead of complaining to my closest colleague when my boss is acting like a fool or when my workload sky rocketed, I might now instead update my status on facebook with my complaint. But what am I actually allowed to write about my employer? And has the employer any possibility to act legally in respond to what I write?For the younger generation, who more or less is grown up with these social networks, I think this demarcation can be difficult to draw and understand.In this essay I deal with the issue of whether a principle of law, such as the duty of loyalty might collide with my constitutional right to use freedom of speech against my employer..

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