Documents found
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10231.More information
This research bears on the answers provided by 2278entrepreneurs in 14 countries about their motivation to establish a new enterprise. Preliminary statistical analysis revealed important differences in the way entrepreneurs answer motivation questions (38 of them) and, even more important, in the way certain nationalities gauge the relative importance of motivation factors. To correct these answering modes, the original data were recoded and reclassified according to the personal equation statistical method. Ascending hierarchical classification of the recoded data reveals that motivations are grouped according to three broad regional entities : the Anglo-Saxon Block, the Scandinavian Block, and the Mixed Block which comprises developing countries for the most part. Seven main motivation factors emerge from the rotated Varimax factor analysis of the recoded and reclassified data : need for social recognition, need for selfdevelopment, need for money, needfor independence and autonomy, communitarianism, need forescape, and opportunism. The distribution of these factors and of the the underlying variables suggests clearly that entrepreneurial motivations cut across national boundaries and transcend cultural systems of countries. The results indicate that the motivation to become an entrepreneur in a given country is primarily determined by metacultural factors that transcend the immediate socio-economic environment.
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10232.More information
This article is intended to support organizations that contribute to the development of recognition of prior learning (RPL) to promote access to regulated professions where there is a shortage. It uses the teaching profession in Quebec as an example. The method is a review of the literature on university RPL published between 2005 and 2021, in nine databases and in the work of organizations active in RPL empirical research. The content analysis framework focuses on the functions and phases of the RPL process in universities, particularly of learning realized in non-formal or informal contexts. The review confirms that this type of recognition can be complex to achieve and that its implementation relies on continuous efforts to allow for a progressive adhesion of the personnel involved and a coherent institutional message. The article suggests avenues for action and research to create favourable conditions for RPL.
Keywords: Reconnaissance des acquis, Recognition of prior learning, université, university, profession réglementée, regulated profession, enseignement, teaching, recension des écrits, literature review
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10233.
L'émigration des Canadiens français vers les États-Unis, 1790-1940 : problématique et coups de sonde
More informationAbstractUsing a Faucher-Dales approach to migration phenomena, the authors sketch a plausible scenario of the pattern of migration of French Canadians to the United States as regulated by the size of the differential economic rent. Making use of all available data, the authors show that this approach would appear to be vindicated to the extent that the scenario it suggests is compatible with the available estimates of the migration flows.
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10235.More information
This article will attempt to illustrate that the use of different methods of legislative interpretation that an interpreter defends can reveal something about the more general constitutional theory to which she or he adheres. This analysis will allow us to identify more specifically the constitutional theories of Louis-Philippe Pigeon, judge of the Supreme Court of Canada from 1967 to 1980. Louis-Philippe Pigeon developed his constitutional theories over the course of many years— first as a jurist for various provincial governments, next a professor of constitutional law at the Faculty of Law at Laval University, and finally as justice of the Supreme Court. All these years are marked by the implementation of the different methods of legislative interpretation that were familiar to him. Our analysis develops around two distinct themes. On the one hand, Louis-Philippe Pigeon's conjugation of legislative interpretation and constitutional law finds expression as a search for an efficient distribution of legislative competences. His opinions in this field are incidentally still followed today. On the other hand, grounded in the principles of literal interpretation, his interpretation of the fundamental rights protected by the Canadian Bill of Rights diverges from the scope that contemporary jurisprudence affords them. While still a dissenting voice, the constitutional theories that Justice Pigeon defended are characteristic of the principle of the separation of powers.
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10236.More information
Before colonialism, customs in Cameroon, as in all black African countries, constituted the only source of law. But with the arrival of the colonialists, an attempt was made to abolish these customary laws by replacing them with imported law. After independence, the colonialist passed on the relay to the legislator. Unfortunately, the imposed foreign law lacked authenticity as the local population showed indifference and demonstrated hostility against it, such that there exists today a discrepancy between applicable written law and applied customary laws in certain matters of personal nature. Customs as a source of law is a reality in Cameroon. Hense, instead of destroying customary laws, it would be judicious and a welcomed measure to promote a kind of complementarity which would result in a symbiosis of the two. Customs, notwithstanding its limitations, remain a concept to be discovered.
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10237.More information
This article takes a critical look at the incongruities and inconsistencies of the defence of duress in Canadian criminal law. The authors raise the difficulties related to the current state of fragmentation of that defence as well as its detrimental impact on the equal treatment of persons accused of some crimes. The conclusion that emerges is that the defence of duress should be standardised on the entire Canadian territory and harmonised with the international law in order to enable all those who break the law due to lack of realistic choice to involute that defence. Finally, in light of the current state of the law on the defence of duress following the judgement recently rendered by the Supreme Court of Canada in R v Ryan, the authors suggest an inclusive provision that should replace the current section 17 of the Criminal Code.
Keywords: Contrainte morale, défense statutaire, défense de common law, droit comparé, droit international, harmonisation, Duress, statutory defence, common law defence, comparative law, international law, harmonisation
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10238.More information
The Roma are the sole people in Europe (still) having a living customary law system. In this article, we intend to explore and to analyse the hypostases of the interaction between the customary law of the Roma in Romania and the Romanian law system. To do so, we will first briefly present the theoretical framework guiding our analytical demarche, namely normative pluralism. Then, we will present the main differences between the two legal orders in relation with the two modes of social and political organization. Finally, we will sketch and explore the three hypostases of the interaction between the Roma customary law and the Romanian state law — the official non-coplanarity, the marginal intersection and the exceptional subordination.
Keywords: Droit coutumier, droit étatique, communautés roms, Roumanie, hypostases de l'interaction, Customary law, state law, Roman communities, Romania, hypostases of interaction
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10239.More information
Executive legislation is a form of law made by government bodies or officials to whom primary legislators (parliaments and legislatures) have delegatewd legislative authority. The exercise of this authority is subject to both parliamentary scrutiny and judicial review. This paper looks at the relationship between these functions and considers whether they are being performed sufficiently to ensure democratic accountability for executive legislation. It concludes that although these functions do not conflict, there are serious concerns about whether they ensure democratic accountability for executive legislation in Canada.
Keywords: Législation exécutive, contrôle judiciaire, examen parlementaire, processus réglementaire, droit constitutionnel, Delegated legislation, regulation, judicial review, parliamentary review, regulatory process, constitutional law
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10240.More information
Marked by the electoral defeat of the Institutional Revolutionary Party (PRI) in 2000, the transition of the political regime in Mexico has contributed to the diversification of the political-electoral geography. Among other consequences, this political plurality has revealed several intergovernmental conflicts previously concealed by the hegemony of the PRI. In this context, this article proposes a review of the procedure for controlling constitutionality (constitutional controversy), reformed in 1994 to evaluate the growing intervention of the Supreme Court in resolving conflicts between government units and levels. More specifically, the aim is to identify the procedures proposed by the municipalities and locate the domains involved as well as the trends in resolutions concerning municipal authorities. This review will make it possible to identify the fields of intervention of the municipalities and means of action (laws, regulations, decrees and budgets) for which intergovernmental relations are fairly controversial.