Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 23 for “"CONSTITUTIONAL FRAMEWORK"”.
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Developing and applying a constitutional framework for public participation in South Africa
… acceptable. This thesis seeks to create such a framework. As all actions in South Africa must comply with the Constitution, it is the starting point for developing this baseline. The Constitution drafters introduced participatory democracy into the South African legal framework. In doing so, …
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Constitutional limitations and the rule of law: an Indian perspective
… doctrine of the rule of law within the Indian constitutional framework, with particular emphasis on the judiciary’s role in interpreting constitutional limitations on legislative and executive power. Since the enforcement of the Constitution of India in 1950, the Indian Supreme Court has played …
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People's Parliament? An assessment of public participation in South Africa's legislatures
This paper assesses the political impact of the constitutional framework and policy for public participation in South Africa. I consider the question of how legislatures are fulfilling their obligations to facilitate public participation, if they meet international human rights law (IHRL) norms and …
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COAG, democracy and the Australian Constitution: you can choose two
… is more to the story. If COAG is fulfilling a constitutional role as well as a political role, the consequences of its democratic deficit could be far more wide-reaching, threatening the democratic integrity of the constitutional system. In order to determine whether this is the case, this …
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More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture
Before South Africa's current constitutional dispensation, the apartheid government, through its parliamentary sovereignty mode of governance, did very little to ensure accountability and oversight of the Executive branch of government. As a result, the Executive was able to establish what has been …
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DOVERI INDEROGABILI DI SOLIDARIETÀ NELLO STATO COSTITUZIONALE DELL'EMERGENZA
This doctoral thesis investigates the constitutional relevance of duties in the Italian legal order, with specific regard to the duty to observe the law and its articulation in contexts of emergency. The study departs from the observation that constitutional duties have long remained at the margins …
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The parliamentary experience in the Arab Gulf Cooperation Council (GCC) States : a step towards democracy; facts and ambitions
… to the conclusion that despite the fact that the constitutional framework of the GCC States imposes limitations on the functions of the assemblies, they laid the groundwork for institutionalising the legitimacy of the political system of the GCC States, allowing room for various groups to …
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Towards similar standards of judicial protection against administrative action in England and Germany? : a comparison of judicial review of administrative action and the liability of public authorities under the influence of European laws
… are inherently set by each national systems constitutional framework. The reasons for the different developments of both legal systems in the nineteenth and early twentieth century can not be ignored and will remain to an extent to preserve the national character of both systems.The variety …
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From shared competences to institutional heteronomy. The constitutional architecture of supranationally structured market supervision
… identified by structuring them into a constitutional framework of competence attribution and competence exercise engaged upon by EU institutions. In particular, this part seeks to assess to what extent the key characteristics reflect a translation of EU constitutional principles in …
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A critical evaluation of judicial mediation in Malawi
… considers the place of mediation within the constitutional framework of Malawi, with particular reference to the High Court (Commercial Division) (Mandatory Mediation) Rules, 2007 (the Commercial Division mediation rules). These rules prescribe the process of mediation that is presided over …
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The role and effectiveness of National Human Rights Commissions in advancing domestic implementation of socio-economic rights in Commonwealth Africa
… rights as justiciable guarantees in the constitutional framework of states; the granting of explicit legal or constitutional mandate on socio-economic rights to NHRCs; strengthening the institutional architecture of NHRCs and the ability of the courts and parliament to adequately support …
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The new South African Parliament : an evaluation of parliament's oversight function of the executive
… since the presidential model provides a stronger constitutional framework for legislative oversight. The model that can be used to analyse South Africa is closely linked to the parliamentary model. However, the role of the President, the sovereign Constitution, and the anti-defection clause makes …
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The reasonableness approach of the South African Constitutional Court - making the constitutional right of access to housing "real" or effectively meaningless?
… to housing within its available resources, the Constitutional Court – based on the text of the provision 26(2) of the Constitution – uses the test of reasonableness. Contrary to the minimum core concept, which was developed through the General Comments of the United Nations Committee on …
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Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?
… disclosure of official information and clumsy constitutional rights provisions that accentuate security restrictions rather than the right to information. Using democratic theory as an analytical tool, this thesis advocates for the right of access to information as not just a constitutional …
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The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve
… It then turns to consider South Africa’s constitutional framework, and, particularly, the environmental right and the property clause, which have largely been responsible for shaping and informing South Africa’s contemporary conservation and land reform regime. Thereafter, it seeks to …
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The politics of re-orientation and responsibility: European Union foreign policy and human rights promotion in Asian countries
… the position of human rights within the framework of EU foreign policy. While questions of human rights sparked a wide-ranging academic debate and resulted in enhanced levels of public scrutiny over the last decade, the research presented in this dissertation attempts to fill a …
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Corruption in Zimbabwe: an examination of the roles of the state and civil society in combating corruption
… developments in establishing the legal and constitutional framework to fight corruption, there is a continued absence of a clear demonstration of political will to fight corruption. The thesis argues that political leadership and commitment to fight corruption is one of the most fundamental …
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Democracy in the Peloponnese, c.550–146 BCE
… constrained in their political behaviour by the constitutional framework in which they operated. The concluding chapter (6) draws from the theory of the ‘democratic advantage’ to argue that the historical performance of the democracies examined can be explained by interpreting their processes of …
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¿FATTISPECIE¿ E ¿TIPO¿ NEI FENOMENI COMPLESSI. COSTRUZIONE DEL TIPO CRIMINOSO E DISVALORE DI CONTESTO TRA DIRITTO VIVENTE, DIRITTO VIGENTE E PROSPETTIVE DE IURE CONDENDO
… “criminal type”, considering the philosophical framework - emphasising the role played by the philosophy of language - as well as in the constitutional framework, and then it focuses on the various techniques of legislative drafting for the criminal law. Finally, we introduce the problem of the …
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LA DIMENSIONE COSTITUZIONALE DEL DIRITTO ALL'ORIENTAMENTO SESSUALE
… a right to sexual orientation within the Italian constitutional framework, moving beyond the traditional heterosexual paradigm. The approach adopted relies on an evolutionary and consistent reading of the constitutional text, intending to outline a right fully embedded in the Italian …
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