Search results for: constitutional reform
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 629

Search results for: constitutional reform

329 The Flypaper Effect and the Municipal Participation Fund in the Brazilian Public Sector

Authors: Lucas Oliveira Gomes Ferreira, André Luiz Marques Serrano

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The fiscal decentralization driven by the 1988 Constitution was responsible for granting greater autonomy to Brazilian subnational entities, as states and municipalities were entrusted with greater responsibilities to provide local public goods and services. However, the revenues necessary to implement the new attributions are largely received through intergovernmental transfers and not by local tax collection. The literature points out that public spending increases more by receiving unconditional and nonmatching (lump sum) intergovernmental grants than by an increase in taxpayers' income. This effect, called the flypaper effect, happens because the funds received could be used to reduce local taxes, meaning an increase in the citizen's private income. However, they are applied in the public sector in the form of expenses. The present work investigates the existence of the flypaper effect in Brazilian municipalities during the first two decades of the 21st century. The research uses the Municipal Participation Fund (FPM) as a grant proxy from 2000 to 2019 through econometrics of cross-section and panel data for all 5,568 municipalities. The results indicate the flypaper effect in Brazilian municipalities, as well as the proportional relationship between the receipt of constitutional transfers and the increase in public expenditure.

Keywords: flypaper effect, intergovernmental transfers, municipal participation fund, fiscal federalism

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328 Injection Effect of Botulinum Toxin A on Hallux Valgus Deformity and Pain

Authors: Alireza Moghtaderi, Negin Khakpour

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Hallux Valgus is a kind of Toes aberration where the Metatarsophalangeal joint that connects the big toe to the foot, leading to the inner side and a protrusion on the inner surface of toe arise. This study aimed to determine the effect of botulinum toxin A injection to reduce pain and deviation angle of the thumb in Hallux Valgus and to increase outcomes of treatment as an adjuvant therapy. Randomized clinical study was performed on 18 patients at the Clinic of Physical Medicine and Rehabilitation, Isfahan University of Medical Sciences. In this study the Halgvs valgus angle (HVA) between the metatarsals (IMA) and cartilage distal metatarsal angle (DMAA) and pain were assessed before and after injection. Average of Hallux Valgus angle before and after Botox injections were 28/89 ± 10/21 and 21/56 ± 8/22 degrees and the angle deviation in the 6 months after treatment was significantly improved (p <0.001). Injection of botulinum toxin A is a suitable and acceptable method to reform the skeleton deformities and also to reduce the pain in patients with Hallux valgus.

Keywords: metatasal, hallux valgus, pain, botulinum toxuin

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327 A Review of Psychiatric Practices in Issues of Anomalous Experiences

Authors: Prosper Kudzanai Mushauri

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In issues of anomalous experiences commonly referred to as madness or mental illness, attempts have been made to deal with it so that people manage to live their lives in a more functional way. It is in this stance that psychiatry has sort of portraying itself as seeking to ameliorate perturbations which individuals live with via nosological systems and use of medicine to anomalous experiences. It is from this hegemony that has led to the untold harm which people living with madness have endured from antique to contemporary life. The paper reflects via a literature review on the history of psychiatry and argues that it is akin to contemporary psychiatry to be involved in iatrogenic acts. As antique psychiatry meddled with gory issues of inhumanity, deceit and mass murders which some of those the contemporary psychiatry has not weaned itself from such diabolical acts. The objective of the paper is to suggest to psychiatry that it has not comported to the mores of psychological ethics. In doing this, the paper hopes that psychiatry will reflect and reform its curricular and praxis so that it comports to ethical standards in psychological science in ameliorating anomalous experiences.

Keywords: nosology, psychiatry, madness, diagnosis, eugenics

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326 Stuck Down in the Mess of Aisles: Need of a Practical Consumer Welfare Policy Framework in Sri Lanka with Special Reference to Japan

Authors: E. N. R. de Silva

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The main purpose of this research is to set a policy framework for establishing a legal, institutional and social infrastructure that enhances the welfare, health, safety and economic interest of the consumers in Sri Lanka. It will help to develop an approach to continuously and successfully advocate for a consumer protection legal reform agenda and also it is significant as it gives directions to create national consumer protection associations in Sri Lanka. The methodology adopted for this research is purely a qualitative approach and it is generally and specifically categorized. Generally, part of this research looked at the existing laws, regulations and how effective they are in order to protect consumers. It will analyze the consumer protection framework and specially, consumer protection enhanced by the public organizations in Japan. This research offers a model with methods and legal instruments to enforce advocacy group to enhance consumer welfare, also brings out reforms to be made in the national legal framework on consumer welfare.

Keywords: consumer protection association, consumer protection law, consumer welfare, legal framework

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325 Comparative Regionalism: The Case of Financial Integration in Association of Southeast Asian Nations

Authors: Sharon Kun-Amornpong

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In this paper, ASEAN financial integration will be discussed from the perspective of the rule of law. The methodology of the paper is comparative regionalism. It will compare the role of the rule of law in ASEAN financial integration with that of the European Union with particular focuses on, for example, institutions and values. The paper argues that in the realm of financial integration, the rule of law is one of the most important factors that could help strengthen and promote financial integration in ASEAN. This is despite the fact that the ‘ASEAN Way’ emphasises non-interference and utilises a consensus-based cooperation rather than formal institutions. Nevertheless, the rule of law for ASEAN financial integration should be situated in its own historical, cultural, and political contexts. In addition, in the case of ASEAN, the rule of law cannot take root if it does not come from the demand of the people in this region. For instance, a reform or creation of legal institutions should not be imposed by international financial institutions. The paper will conclude that law has a normative force. It could shape expectation of market participants and promote deeper financial integration if norms that the law generates have become a significant norm in the society or industry.

Keywords: Association of Southeast Asian Nations, ASEAN, comparative regionalism, financial integration, the rule of law

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324 Consumers' Awareness, Knowledge, and Perception towards Goods and Services Tax in India

Authors: Harjinder Kaur

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GST was implemented by government with the expectation to reform the taxation system of India. So this study basically seeks to understand the consumers’ awareness, knowledge and perception about the implementation of GST. To conduct this study, 100 respondents of all demographic profile were randomly selected from the Punjab region of India. To investigate the relationship between demographic profile and level of awareness and knowledge about GST, one way ANOVA test was used and it is found that there is a significant relationship between gender, age and qualification and level of awareness and knowledge. Furthermore, due to the lack of information on GST, the respondents had a high negative perception. The study also reveals that the implementation of GST has resulted in higher prices for goods and services and thus this tax may cause burden to people. Also after implementation of GST financial issues such as inflation, rising cost of living, economic instability have impacted many Indian consumers in terms of their spending. But at the same time it is also perceived that GST is designed to remove the burden of many indirect taxes and aims to develop the more efficient tax system which increases the revenue of country.

Keywords: goods and service tax, consumers awareness, knowledge, perception

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323 Competition in Kenya: The Legal and Institutional Framework and an Appraisal of Key Market Players

Authors: Edwin Njoroge Kimani, Alan M. Munyao

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Despite Kenya’s status as a regional economic powerhouse, it struggles with economic shocks that expose the consumers. This, however, seems not to affect major cooperates such as those in the telecommunication and energy sectors. Through their operations, they have not only been able to fluctuate prices at will but also they have been accused of curtailing their rivals from penetrating the market. This study, through literature review of the legal and institutional framework, reports and publications interrogates the law and uncovers the following; i) failings of the legal framework to define market dominance and abuse of such positions, ii) the participation of the state, iii) the inertia of the government to prosecute corporations that abuse their market dominance, iv) the role of the state as a market player and as a regulator through the Competition Authority of Kenya. This study concludes that the market distortion is as a result of weak legal and institutional framework as well as conflict of interest by the government. Not much has been researched in the field of competition law the greater East Africa. This research is intended to form part of the growing research in the field and inform legal reform.

Keywords: competition law, economic power, dominance, Kenya

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322 Students’ Views on Mathematics Learning: A Cross-Sectional Survey of Senior Secondary Schools Students in Katsina State of Nigeria

Authors: Fahad Suleiman

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The aim of this paper is to study students’ view on mathematics learning in Katsina State Senior Secondary Schools of Nigeria, such as their conceptions of mathematics, attitudes toward mathematics learning, etc. A questionnaire was administered to a random sample of 1,225 senior secondary two (SS II) students of Katsina State in Nigeria. The data collected showed a clear picture of the hurdles that affect the teaching and learning of mathematics in our schools. Problems such as logistics and operational which include shortage of mathematics teachers, non–availability of a mathematics laboratory, etc. were identified. It also depicted the substantial trends of changing views and attitudes toward mathematics across secondary schools. Students’ responses to the conception of mathematics were consistent and they demonstrated some specific characteristics of their views in learning mathematics. This survey has provided useful information regarding students’ needs and aspirations in mathematics learning for curriculum planners and frontline teachers for future curriculum reform and implementation.

Keywords: attitudes, mathematics, students, teacher

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321 The Effectiveness of the Workers' Constitutional Rights of Citizenship as One of the Embodiments of the Democratic and Social State of the Brazilian Law

Authors: Christine S. Veviani

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By observing the Brazilian labor reality, considered as degrading and oppressive, as well as responsible for creating obstacles to rights, this paper is aimed at demonstrating the obligatoriness of complying with the Constitution, as an effective instrument of the Democratic and Social State of Law established in the country since 1988, which identifies and determines the recognition of a single type of citizenship, as representation of equality, social inclusion and human dignity. To achieve this purpose, that is, to awake to a new culture focused on human respect / fundamental rights engraved in the Brazilian Constitution, doctrinal works, case law and labor courts (how they work) will be used as methodology. Thus, by concluding that there is a need for a change in behavior, by employers, intended to respect the Constitution, especially with regard to the concept and citizenship content if an attempt is made to achieve as a result few steps effectiveness of fundamental social rights protective of the Brazilian working class. Thus, by analyzing the Brazilian labor reality, the result is the employers' denial of full and single citizenship of workers, whose effects are directly related to the violation of rights, which leads to the conclusion that there is a need for a change in the behavior regarding the respect for the Constitution, especially concerning the effectiveness of fundamental social rights, which protect the working class in Brazil.

Keywords: employment relationships, opposing citizenships, constitutionalism, capitalism

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320 Islam-Oriented Movements' Recruiting Strategies in Morocco

Authors: Driss Bouyahya

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During the late 1960s, Islam-oriented social movements have encroached to reach the Moroccan public spheres and mobilize huge waves of people from different walks of life under the banners of a rhetoric that resonates with the Muslim way of life away from Modernity and globalization tenets. In this respect, the present study investigates and explores some of the ways utilized by the Movement for Unity and Reform in Morocco as an Islam-oriented movement to recruit students massively at universities. The significance of this study lies in demystifying the recruitment strategies and mechanisms, considered essential for the Islam-oriented social movements to mobilize. This research paper uses a quantitative method to collect and analyze data through two different structured questionnaires. One of the major findings is that this Islam-oriented movement uses different techniques to recruit students, namely social networks, its websites and You-tube as three main modern and sophisticated means of communication. In a nutshell, this paper´s findings fill some of the gaps in the literature in regard to Islam-oriented movements ‘mobilization strategies.

Keywords: changing, ideology, Islam, party

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319 Mobile Device Applications in Physical Education: Investigating New Pedagogical Possibilities

Authors: Danica Vidotto

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Digital technology is continuing to disrupt and challenge local conventions of teaching and education. As mobile devices continue to make their way into contemporary classrooms, educators need new pedagogies incorporating information communication technology to help reform the learning environment. In physical education, however, this can seem controversial as physical inactivity is often related to an excess of screen-time. This qualitative research project is an investigation on how physical educators use mobile device applications (apps) in their pedagogy and to what end. A comprehensive literature review is included to examine and engage current academic research of new pedagogies and technology, and their relevance to physical activity. Data were collected through five semi-structured interviews resulting in three overarching themes; i) changing pedagogies in physical education; ii) the perceived benefits and experienced challenges of using apps; and iii) apps, physical activity, and physical education. This study concludes with a discussion of the findings engaging the literature, discussing the implications of findings, and recommendations for future research.

Keywords: applications (apps), mobile devices, new pedagogies, physical education

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318 Analysis on the Development and Evolution of China’s Territorial Spatial Planning

Authors: He YuanYan

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In recent years, China has implemented the reform of land and space planning. As an important public policy, land and space planning plays a vital role in the construction and development of cities. Land and space planning throughout the country is in full swing, but there are still many disputes from all walks of life. The content, scope, and specific implementation process of land and space planning are also ambiguous, leading to the integration of multiple regulation problems such as unclear authority, unclear responsibilities, and poor planning results during the implementation of land and space planning. Therefore, it is necessary to sort out the development and evolution of domestic and foreign land space planning, clarify the problems and cruxes from the current situation of China's land space planning, and sort out the obstacles and countermeasures to the implementation of this policy, so as to deepen the understanding of the connotation of land space planning. It is of great practical significance for all planners to correctly understand and clarify the specific contents and methods of land space planning and to smoothly promote the implementation of land space planning at all levels.

Keywords: territorial spatial planning, public policy, land space, overall planning

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317 Equality and Non-Discrimination in Israel: The Use of Land

Authors: Mais Qandeel

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Within the Jewish and democratic Israeli state, as dually characterized, the treatment of citizens differs according to their religious groups and nationalities. The laws and policies against Arab citizens concerning ownership and use of land are the main focus of this article. As the Jewish character has led to Jewish based legal provisions which give the privilege to Jews, first, this article examines the legal bases which distinguish between citizens in Israel based on their religion. It examines the major Israeli laws which are used to confiscate, manage, and lease properties. Second, the article demonstrates the de facto practices against Arab citizens in using lands. Most of the Palestinian land was confiscated and turned over to Jewish owners or to state land, Palestinian citizens are distinguished in using the state administered lands. They are also restricted in using full ownership rights and denied using plots of lands and housing units. Such policies have created, within the same state, a class of secondary citizens who are categorized as non-Jews. Last, within the Basic Law: Human Dignity and Freedom which has served as the constitutional bill of rights for Israelis and also the International law, particularly the International Convention on the Elimination of All Forms of Racial Discrimination, it will be concluded whether these restricted policies against Arab citizens in using land constitute a religion-based-discrimination among Israeli citizens and create a situation of separation and inequality between two groups of people in Israel.

Keywords: Israel, citizens, discrimination, equality

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316 Challenges Brought about by Integrating Multiple Stakeholders into Farm Management Mentorship of Land Reform Beneficiaries in South Africa

Authors: Carlu Van Der Westhuizen

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The South African Agricultural Sector is of major socio-economic importance to the country due to its contribution in maintaining stability in food production and food security, providing labour opportunities, eradicating poverty and earning foreign currency. Against this reality, this paper investigates within the Agricultural Sector in South Africa the changes in Land Policies that the new democratically elected government (African National Congress) brought about since their takeover in 1994. The change in the agricultural environment is decidedly dualistic, with 1) a commercial sector, and 2) a subsistence and emerging farmer sector. The future demands and challenges are mostly identified as those of land redistribution and social upliftment. Opportunities that arose from the challenge of change are, among others, the small-holder participation in the value chain, while the challenge of change in Agriculture and the opportunities that were identified could serve as a yardstick against which the Sectors’ (Agriculture) Performance could be measured in future. Unfortunately, despite all Governments’ Policies, Programmes and Projects and inputs of the Private Sector, the outcomes are, to a large extend, unsuccessful. The urgency with the Land Redistribution Programme is that, for the period 1994 – 2014, only 7.5% of the 30% aim in the redistribution of land was achieved. Another serious aspect of concern is that 90% of the Land Redistribution Projects are not in a state of productive use by emerging farmers. Several reasons may be offered for these failures, amongst others the uncoordinated way in which different stakeholders are involved in a specific farming project. These stakeholders could generally in most cases be identified as: - The Government as the policy maker; - The Private Sector that has the potential to contribute to the sustainable pre- and post-settlement stages of the Programme by cooperating the supporting services to Government; - Inputs from the communities in rural areas where the settlement takes place; - The landowners as sellers of land (e.g. a Traditional Council); and - The emerging beneficiaries as the receivers of land. Mentorship is mostly the medium with which the support are coordinated. In this paper focus will be on three scenarios of different types of mentorship (or management support) namely: - The Taung Irrigation Scheme (TIS) where multiple new land beneficiaries were established by sharing irrigation pivots and receiving mentorship support from commodity organisations within a traditional land sharing system; - Projects whereby the mentor is a strategic partner (mostly a major agricultural 'cooperative' which is also providing inputs to the farmer and responsible for purchasing/marketing all commodities produced); and - An individual mentor who is a private person focussing mainly on farm management mentorship without direct gain other than a monthly stipend paid to the mentor by Government. Against this introduction the focus of the study is investigating the process for the sustainable implementation of Governments’ Land Redistribution in South African Agriculture. To achieve this, the research paper is presented under the themes of problem statement, objectives, methodology and limitations, outline of the research process, as well as proposing possible solutions.

Keywords: land reform, role-players, failures, mentorship, management models

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315 The Exploration on the Mode of Renovation and Reconstruction of Old Factory Buildings for Cultural and Creative Industrial Parks

Authors: Yu Pan, Jing Wu, Lingwan Shen

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Since the reform and opening, China's cities have developed rapidly, and the industrial structure has been constantly adjusted and optimized. A large number of industrial plants have lost their production functions and become idle buildings. The renovation projects for the old factory buildings are important parts of the urban renewal, and most of them are the cultural and creative industrial park projects. In this paper, a statistical analysis of renovation projects of the representative cultural and creative industrial parks in recent years was conducted. According to the user's spatial experience satisfaction survey, the physical and spatial factors affecting the space regeneration of the old factory were concluded. Thus the relationship between space regeneration and material, structure, internal and external space design has been derived. Finally, we summarized the general spatial processing model in which the contradiction between ‘new’ and ‘old’ can be grafted and transformed.

Keywords: renovation of factory buildings, urban renewal, the cultural and creative industrial park, space regeneration, reconstruction mode

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314 To Stay or to Go: The Death Penalty Phenomenon and the Dilemma of the Nigerian Government

Authors: James Etim Archibong

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The death penalty, to be or not to be, is a topical and hugely divisive issue in several countries. The United Nations recommends its universal abolition. Europe has abolished it, while some countries limit the practice to heinous crimes. Nigeria is one of the countries that have retained the death penalty. In 2004, the federal government placed a moratorium on execution, which was breached in 2006, 2013 and 2016. Nigeria currently has about three thousand inmates on death row because governors are reluctant to sign execution warrants. Human rights groups have consistently called for its abolition in Nigeria, but this has been rebuffed by the government. Nigeria currently finds itself in a dilemma between the global campaign to end the practice and the local support for its retention. This paper, employing a doctrinal approach, examines the concept of capital punishment in Nigeria from the first execution in 1971 to date. It has also examined the debate to abolish or retain it against the backdrop of Nigeria’s present social, economic and multicultural circumstances. It finds that the death penalty is a human right issue and Nigeria should join the majority of states that have dispensed with the practice. While the government contemplates which way to go, amid the impasse, the paper recommends, in the interim, an official, legally backed a moratorium on execution; commuting of death sentences to life imprisonment, and eventually expunging it from the constitution in the ongoing constitutional review.

Keywords: death penalty, capital punishment, human rights, deterrence, right to life

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313 Democratic Political Culture of the 5th and 6th Graders under the Authority of Dusit District Office, Bangkok

Authors: Vilasinee Jintalikhitdee, Phusit Phukamchanoad, Sakapas Saengchai

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This research aims to study the level of democratic political culture and the factors that affect the democratic political culture of 5th and 6th graders under the authority of Dusit District Office, Bangkok by using stratified sampling for probability sampling and using purposive sampling for non-probability sampling to collect data toward the distribution of questionnaires to 300 respondents. This covers all of the schools under the authority of Dusit District Office. The researcher analyzed the data by using descriptive statistics which include arithmetic mean, standard deviation, and inferential statistics which are Independent Samples T-test (T-test) and One-Way ANOVA (F-test). The researcher also collected data by interviewing the target groups, and then analyzed the data by the use of descriptive analysis. The result shows that 5th and 6th graders under the authority of Dusit District Office, Bangkok have exposed to democratic political culture at high level in overall. When considering each part, it found out that the part that has highest mean is “the constitutional democratic governmental system is suitable for Thailand” statement. The part with the lowest mean is “corruption (cheat and defraud) is normal in Thai society” statement. The factor that affects democratic political culture is grade levels, occupations of mothers, and attention in news and political movements.

Keywords: democratic, political culture, political movements, democratic governmental system

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312 Vital Pulp Therapy: A Paradigm Shift in Treating Irreversible Pulpitis

Authors: Fadwa Chtioui

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Vital Pulp Therapy (VPT) is nowadays challenging the deep-rooted dogma of root canal treatment, being the only therapeutic option for permanent teeth diagnosed with irreversible pulpitis or carious pulp exposure. Histologic and clinical research has shown that compromised dental pulp can be treated without the full removal or excavation of all healthy pulp, and the outcome of the partial or full pulpotomy followed by a Tricalcium-Silicate-based dressing seems to show promising results in maintaining pulp vitality and preserving affected teeth in the long term. By reviewing recent advances in the techniques of VPT and their clinical effectiveness and safety in permanent teeth with irreversible Pulpitis, this work provides a new understanding of pulp pathophysiology and defense mechanisms and will reform dental practitioners' decision-making in treating irreversible pulpits from root canal therapy to vital pulp therapy by taking advantage of the biological effects of Tricalcium Silicate materials.

Keywords: irreversible pulpitis, vital pulp therapy, pulpotomy, Tricalcium Silicate

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311 The Analysis on the Renewal Strategy of Public Space in Old Communities with an Example of GeDa Community in Xi'An

Authors: Xiyue Wen

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With the rapid development of the city, old communities in the city are facing a series of problems. On one hand, aging facilities, obsolete spatial patterns, aging populations arouse in the aging of the community. On the other hand, public space is reduced and is taking up by cars parking or facilities setting, which lead to the collapse of traditional life in the old communities. That is to say, modern amenities haven’t helped to reform the old community, but have leading to tedious and inefficient, when it is not accommodated in the traditional space. Exploring a way is imminent to the east the contradiction between modern living facilities and spatial patterns of traditional. We select a typical site-GeDa Community in Xi’an, built in 70-80s,and carry out a concept calling 'Raising Landscape', which enables a convenient and efficient space for parking, as well as a high-quality yard for activities. In addition, the design implements low cost, simple construction, resident participation, so that it can be spread in the same texture of urban space.

Keywords: old communities, renewal strategy, raising landscape, public space, parking space

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310 Enhancing Police Accountability through the Malawi Independent Police Complaints Commission: Prospects and Challenges That Lie Ahead

Authors: Esther Gumboh

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The police play a critical role in society and are an integral aspect of the rule of law. Equally, respect for human rights is an integral part of professional policing. In view of the vast powers that the police enjoy and the attendant risk of abuse and resulting human rights violations, the need for police accountability and civilian police oversight is internationally and regionally recognised. Policing oversight springs from the duty to investigate human rights violations. Those implicated in perpetrating or covering up violations must be disciplined or prosecuted to ensure effective accountability. Police accountability is particularly important in Malawi given the dark history of policing in the country during the 30-year dictatorial era under President Kamuzu Banda. Described as one of the most repressive regimes in Africa, the Banda administration was characterised by gross state-sponsored violence, repressive policing and human rights violations. Indeed, the police were involved in various forms of human rights abuse including arbitrary arrests and unlawful detentions, torture, and excessive use of force in conducting arrests and public order policing. This situation flourished within a culture of police impunity bolstered in part by the absence of clear oversight mechanisms for police accountability. In turn, there was immense public mistrust of the police. Unsurprisingly, the criminal justice system was one of the priority areas for reform when Malawi adopted its first democratic Constitution in 1994. Section 153 of the Constitution envisions a police service that is, for all intents and purposes, there to provide for the protection of public safety and the rights of persons in Malawi according to the prescriptions of the Constitution and any other law. This position reflects the view that the duty to protect and promote human rights is not incompatible with effective policing. Despite this, the police continue to engage in questionable behaviour in public order policing, excessive use of force, deaths in police custody, ill-treatment, torture and other forms of abuse including sexual abuse. Perpetrators of abuses are occasionally punished, but investigations are often delayed, abandoned, or remain inconclusive. Police accountability remains largely elusive. Commendably, the law does subject the police to significant oversight both internally and externally. However, until 2010, Malawi lacked a wholly independent civilian oversight mechanism specifically mandated to monitor the activities of the Malawi Police Service and held it accountable. This void has since been filled by the Independent Complaints Commission established under the Police Act. This is a positive development that reiterates Malawi’s commitment to the investigation of human rights violations by the police and to ending police impunity. This contribution examines the legal framework for this Commission to project the effectiveness of the Commission. While the framework looks promising on various fronts, there are potential challenges that lie ahead. Malawi must pre-emptively deal with these challenges carefully if the Commission is to have any practical significance in transforming police accountability in the country. Drawing on lessons from other jurisdictions like South Africa, the paper makes recommendations for legislative reform to strengthen the Commission’s framework.

Keywords: civilian policing oversight, Malawi, police, police accountability, policing, policing oversight

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309 Women's Rights in the Constitution of Nepal: 2015

Authors: Sudir Silwal, Surendra KC

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Nepalese legal system was derived from Hindu sacred before the democratic movement in 1990. Before this movement, Nepal had a patrimonial system. Nepal has ratified the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Women organizations of the various political parties, different social organizations and women activists are playing the significant role to empower the women through the social awareness campaign across the country. As a result, 33% women representation in the local government has ascertained by the current constitution. The Constitution of Nepal-2015 has mentioned the rights of women as a fundamental right and it also has provisioned the National Women Commission as the constitutional body. This constitution is the model of gender friendly constitution in the world. As per this constitution, the Citizenship certificate is issued based on the lineage of the mother or father along with gender identity. The current constitution has guaranteed 33% women participation in judiciary, bureaucracy and legislation. This constitution further states that the parliament must elect a woman either as the president or the vice president. Similarly same rule is applied to elect the speaker and the deputy speaker in the parliament. In the same constitution, rights of the third gender also has guaranteed. The guiding principles of the constitution further explain that the constitution has followed the rule of positive discrimination and proportional representation of women in all elements of the state. This study shows that the state is not only focused in the representation of women in all structure of the nation but also need to emphasize the enhancement of the capability of the women to make them equal to the men.

Keywords: constitution, empowerment, representation, women's rights

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308 Hermeneutical Attitudes to Islamic Art

Authors: Mohammad Hasan Kakizadeh

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It is a matter of philosophical hermeneutics according to specifications, we can hand to his hermeneutic, hermeneutical approaches can be analyzed with Islamic art, Islamic art hermeneutical approaches can be of two types: one is to "Islamic Art" Art is considered the analogies and metaphors and mysteries using Nmvdgarha and tried to express spiritual or religious ideology that demonstrates the truth of Islam, and other efforts is that "art" is basically a way inconsistent with the interpretation that or "sharia," Islamic law, not be considered a way to recognize and praise God, his creation, and therefore, the "art" is a tool for reform or knowledge to Nfs.az these two efforts, the first modern effort to try and of course preceded by the second. However, the first attempt is sometimes forgotten that the early centuries AD, with respect to the nature of hermeneutic thinkers for the arts could not resist the assaults of "art" in general, or specifically some legitimacy to the "art" of business and Knnd.dyn art at the stage of its history, which distinguishes them from each other are united with each other so easily possible. However, with the rise of the monotheistic religions and leave the Pagan religions, religion, and art renewed bond becomes a difficult problem. Much of the efforts of Muslim scholars have focused on the legitimacy back to the art. These attempts without a hermeneutic approach to the "art" does not correlate with success. The findings and conclusion in this study is that the hermeneutic approach to Islamic art, whether or Mshrvsazanh Mnakavanh what Bazsazanh or deconstructive, can not ignore the fact that Islamic art has been shaped by Mabdaltbyhay.

Keywords: art, Islamic art, hermeneutics, art, religion

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307 International College Students Understand Entrepreneurial Readiness and Business-Related Skills: A Qualitative Study

Authors: Aleksandar Chonevski

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The free-market economy provides many opportunities for entrepreneurship or starting one’s own business, attracting many students to study business at for-profit colleges in the United States. This is also true for international students, many of whom are filled with the hope of making a better life for themselves and their families through entrepreneurial endeavors. This qualitative research showed that not all graduates business students start their own business. In investigating this phenomenon, the effectiveness of entrepreneurship curricula at international colleges needs to be examined in order to adjust, improve and reform entrepreneurship curricula. This qualitative study will explore how business skills learned in college for-profit play a role in the entrepreneurial readiness of undergraduate business students in the south Florida. Business curricula helps international students achieve goals and transform their actions to understand challenges in a corporate society. Students will be interviewed to gain information about the students’ experience with entrepreneurship curricula in a for-profit college in south Florida.

Keywords: business skills, college curriculum, entrepreneurial readiness, international students

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306 Wave of Islamic Fintech: Revolutionizing Malaysia's Islamic Banking and Finance Regulatory Landscape

Authors: Ho Wen Hui, Azwina Wati Abdull Manaf, Asfarina Kartika Mohd Shakri

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The global trend of Fintech had taken the Malaysian shore by storm in recent years, thus making the studies and observations of its impacts more critical than ever. Additionally, Fintech has grown to become an unavoidable subject in the Islamic Banking and Finance (IBF) industry. In relation to that, this paper seeks to analyze the development of Fintech parallel with the IBF industry and its connection to Islamic economics. While the scarcity of studies on this area is apparent, it is found that there is a need to regulate the development of the Fintech Industry and its effects while analyzing the ramifications and positive effects of Fintech towards parties involved in IBF industry. This paper objectively studies the phenomenon of Islamic Fintech around the world as a whole as well as more specifically in Malaysia. The paper will then explore on the existing regulatory instruments in Malaysia, study their boundaries as well as limitations and contribute on possible reform to regulate Islamic Fintech in this jurisdiction. It is aimed that this paper will prompt and encourage more thorough studies to be conducted on the topic of Fintech which would subsequently contribute to a positive growth of the IBF industry worldwide.

Keywords: financial technology, FinTech, Islamic banking & finance, regulation

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305 Minimum Pension Guarantee in Funded Pension Schemes: Theoretical Model and Global Implementation

Authors: Ishay Wolf

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In this study, the financial position of pension actors in the market during the pension system transition toward a more funded capitalized scheme is explored, mainly via an option benefit model. This is enabled by not considering the economy as a single earning cohort. We analytically demonstrate a socio-economic anomaly in the funded pension system, which is in favor of high earning cohorts on at the expense of low earning cohorts. This anomaly is realized by a lack of insurance and exposure to financial and systemic risks. Furthermore, the anomaly might lead to pension re-reform back to unfunded scheme, mostly due to political pressure. We find that a minimum pension guarantee is a rebalance mechanism to this anomaly, which increases the probability to of the sustainable pension scheme. Specifically, we argue that implementing the guarantee with an intra-generational, risk-sharing mechanism is the most efficient way to reduce the effect of this abnormality. Moreover, we exhibit the convergence process toward implementing minimum pension guarantee in many countries which have capitalized their pension systems during the last three decades, particularly among Latin America and CEE countries.

Keywords: benefits, pension scheme, put option, social security

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304 New Public Management: Step towards Democratization

Authors: Aneri Mehta, Krunal Mehta

Abstract:

Administration is largely based on two sciences: ‘management science’ and ‘political science’. The approach of new public management is more inclined towards the management science. Era of ‘New Public Management’ has affected the developing countries very immensely. Public management reforms are needed to enhance the development of the countries. This reform mainly includes capacity building, control of corruption, political decentralization, debureaucratization and public empowerment. This gives the opportunity to create self-sustaining change in the governance. This paper includes the link of approach of new public management and their effect on building effective democratization in the country. This approach mainly focuses on rationality and effectiveness of governance system. These need to have deep efforts on technological, organizational, social and cultural fields. Bringing citizen participation in governance is main objective of NPM. The shift from traditional public management to new public management have low success rate of reforms. This research includes case study of RTI which is a big step of government towards citizen centric approach of governance. The aspect of ‘publicness’ in the democratic policy implementation is important for good governance in India.

Keywords: public management, development, public empowerment, governance

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303 Federalism, Dual Sovereignty, and the Supreme Court of Nigeria

Authors: Edoba Bright Omoregie

Abstract:

Nigeria became a federation in 1954 six years before it gained independence away from British colonial rule. The country has remained a federation since then despite the challenging circumstances of military rule and civil strife which have tasked its federal credentials. Since 1961, when it first decided a federalism dispute, cases over vertical and horizontal powers have inundated the country’s Supreme Court. In its current practice of federalism after democratic rule was resumed in 1999, the country has witnessed a spell of intergovernmental disputes over a good number of federalism issues. Such conflicts have eventually found their way to the Supreme Court for resolution, not as a final appellate court (which it is in other non-federal matters) but as a court of first and final instance following the constitutional provision granting the court such power. However, in April 2014 one of such disputes was denied hearing by the court when it declined original jurisdiction to determine the matter. The suit was instituted by one state of the federation against the federal government and the other 35 states challenging the collection of value added tax (a consumption tax)on certain goods and services within the state. The paper appraises the rationale of the court’s decision and reason that its decision to decline jurisdiction is the result of an avoidable misunderstanding of the dual sovereignty instituted by the federal system of Nigeria as well as a misconception of the role which the court is constitutionally assigned to play in resolving intergovernmental schisms in the federal system.

Keywords: dual sovereignty, federalism, intergovernmental conflict, Supreme Court

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302 Shaabi in the City: On Modernizing Sounds and Exclusion in Egyptian Cities

Authors: Mariam Aref Mahmoud

Abstract:

After centuries of historical development, Egypt is no stranger to national identity frustrations. What may or may not be counted as this “national identity” becomes a source of contention. Today, after decades of neoliberal reform, Cairo has become the center of Egypt’s cultural debacle. At its heart, the Egyptian capital serves as Egypt’s extension into global capitalism, its flailing hope to become part of the modernized, cosmopolitan world. Yet, to converge into this image of cosmopolitanism, Cairo must silence the perceived un-modernized sounds, cultures, and spaces that arise from within its alleyways. Currently, the agitation surrounding shaabi music, particularly, that of mahraganat, places these contentions to the center of the modernization debates. This paper will discuss the process through which the conversations between modernization, space, and culture have taken place through a historical analysis of national identity formation under Egypt’s neoliberal regimes. Through this, the paper concludes that music becomes a spatial force through which public space, identity, and globalization must be contested. From these findings researchers can then analyze Cairo through not only its physical landscapes, but also its metaphysical features – such as the soundscape.

Keywords: music, space, globalization, Cairo

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301 Exploring Students’ Views on Science Education

Authors: Ahmad Alshammari

Abstract:

This study focused on exploring the students’ views about the science education in intermediate stage in State of Kuwait. This study used Social-Culture Theory (SCT) as a theoretical framework to understand the science curriculum reform process through the socio-cultural context and to discuss and explain the study findings. This study used a multi-method design, with both quantitative and qualitative methods to collect the data: students’ questionnaires and interviews. The study sample was selected randomly. First, the questionnaire was conducted with 647 students. Then 30 students (5 in each of 6 focus groups) were chosen to conduct the in-depth interviews. The findings of this study indicated the generally negative views of most of the students about the new science curriculum. The findings showed that most of the students have a negative attitude toward science, they have difficulty understanding most of the lessons, and they do not enjoy studying the science subject. This study recommends reviewing the new science curriculum (now currently in use) and taking into account the perspectives of the students about this curriculum. Developing and adapting the new science curriculum took place without taking into consideration the socio-culture and Islamic religion of Kuwaiti students. The MoE should deal with the relationship between science and culture and between science and religion, integrating more relevant science into the curriculum.

Keywords: science education, students views, science curriculum, curriculum development

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300 A Study of Welfare State and Indian Democracy by Exploration of Social Welfare Programmes in India

Authors: Kuldeep Singh

Abstract:

The present paper is an attempt for tracing the changes in the welfare state in Indian democracy from the starting point till now and aims to critical analyse the social-welfare programmes in India with respect to welfare state. After getting independence from Britishers, India became a welfare state and is aiming towards the upliftment of its citizens. Indian democracy is considered to be the largest amongst democratic countries, instead of this after forty-five years of independence, Panchayati Raj Institution became one of the branches of democratic decentralization institutions in India by 73rd and 74th Constitutional Amendment in 1992. Unfortunately, desired purpose of introducing Panchayati Raj Institution is not achieved after all these delayed efforts. The basic problem regarding achievement of welfare state in India in true sense is unawareness and non-implementation of these social-welfare programmes. Presently, Indian government is only focusing on economic growth of the country but lacking from the social point. The doctrinal method of research is used in this research paper. In the concluding remarks, researcher is partly favoring the government in introducing welfare programmes as there are abundant of welfare schemes and programmes, but majority are facing implementation problem. In last, researcher has suggested regarding programmes and schemes that these should be qualitative in nature and power would be given to effective machinery for further check upon their proper implementation and aware the citizens regarding their rights so that welfare state would be achieved.

Keywords: democratic decentralization, Indian democracy, Panchayati Raj institution, social-welfare programmes, welfare state

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