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 127 for “"Constitutional Court"”.
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The conception of the Federal Constitutional Court of Germany in comparison to the Constitutional Court of South Africa
Germany as well as South Africa have established Constitutional Courts. The Federal Constitutional Court of Germany, located in Karlsruhe (cf § 1 II BVerfGG), commenced its work in September 1951. Up to 1995 the Federal Constitutional Court heard more than 120,000 cases
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Judicial activism in South Afica's Constitutional Court : minority protection or judicial illegitimacy?
… of judicial protection of minority rights on the Constitutional Court’s legitimacy. The framing of the Marriage Act shows that Parliament intended marriage to be between a man and a woman. By nullifying section 30(1) of the Act and making the order above, the Court fulfilled its constitutional …
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Transforming space and significance - a study of the constitutional court of South Africa
… establishing and building the new South African Constitutional Court as the first intervention in the development of the Constitutional Hill precinct and as part of an endeavour aimed at creating a new national identity. The argument is reliant on the premise that an agency, in this case the …
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A critical examination of overreach in judicial decision-making by the Constitutional Court of South Africa
Includes bibliographical references.
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The Constitutional Court of a More Mature Legal Order: Constitutional Review by the Court of Justice of the European Union
This thesis examines the changing role of the Court of Justice of the European Union (CJEU) from the perspective of its task of conducting constitutional review of EU legislation. It addresses a gap in the existing literature by providing a systematic analysis of how the methodology and intensity …
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What is the role of the Constitutional Court in Safe-guarding the separation of powers in a dominant party democracy?
… structures of government, with emphasis on the Constitutional Court. A dominant party democracy brings with it negative features, such as the blurring of boundaries of state and party, and the capturing of important institutions. In South Africa, it is specifically the capture of various …
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Does the lack of sufficient formulation and articulation of principles guiding the limits of the Constitutional Court undermine its legitimacy?
… look at the pragmatic approach adopted by the Constitutional Court when adjudicating upon executive and legislative power in order to ensure its institutional security and legitimacy. I shall evaluate throughout this paper how the lack of sufficiently and consistently formulating and …
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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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The Unwed Father-Unworthy? The position of the natural father in South Africa following the Constitutional Court decision in Fraser v Children's Court Pretoria North
… law have received as much attention by the Courts, Legislators, academics and the general public as the legal relationship between fathers and their extra-marital children. The widespread national interest peaked recently in 1997 in the delivery of the sensationalised Fraser judgement by the …
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Civilinės atsakomybės klausimų aiškinimas Lietuvos Konstitucinio Teismo praktikoje /
Decisions of Constitutional Court of Republic of Lithuania are being examined in present study in order to systematize the practice of the court in the field of civil responsibility; the value and interception of the practice was examined as well in order to form equal practice in all courts of …
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Konstitucinio Teismo jurisprudencijos įtaka bendrosios kompetencijos teismų ir administracinių teismų praktikai /
Constitutional law is the supreme law, which is developed via jurisprudence of a Constitutional Court. No act of legislation may contradict the Constitution, nobody is allowed to break the law of Constitution, constitutional law and order must be protected and the Constitution itself determines if …
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Reforms to the laws on the surveillance of private communications
The right to privacy is central to our constitutional order, which is founded on human dignity. The ability of the State to invade the privacy of our communications threatens the personal space within which we live “our daily lives”. The Constitutional Court in AmaBhungane evaluated the law …
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Devising jurisprudential strategies for the maintenance of constitutionalism in the context of one party domination
… argued that a number of recent judgments of the Constitutional Court within the last decade have fallen short of sustaining the integrity of the Constitution. This is a consequence of an inadequate conceptual framework for the adjudication of politically sensitive disputes within the context of …
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Il giudice costituzionale colombiano vis-à-vis dello sfollamento interno
The Colombian Constitutional Court vis-à-vis the internal displacement issue. The thesis’ aim is to focus on the subject of internally displaced persons, IDPs, in Colombia. In particular, this paper seeks to underline the special role played by the Constitutional Court in defending the fundamental …
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The Stillborn Constitutional Court of Qatar and Judicial Review : a Clash Between the Executive and Judiciary ; a Comparative Study in Islam, Egyptian, American, Kuwaiti, and U.A.E. Models of Judicial Review
… dissertation focuses on the stillborn Qatari Constitutional Court and the ambiguity behind the new law of 2008 that established the Supreme Constitutional Court, in which there was no sign of any case reviewed by the Constitutional Court on constitutional matters. This study aims to compare …
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A microsopic analysis of s 197 in the outsourcing context
… litigation battle resulted in the recent seminal Constitutional Court judgment of Aviation Union of South Africa and other v South African Airways (Pty) Ltd. The Constitutional Court pronounced on the application of s 197 to second generation outsourcing.
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Reflections on the evolving jurisprudence concerning the presence of the accused : focusing on National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another
On 30 October 2014 South Africa's Constitutional Court unanimously stated that the South African Police Service was obligated to investigate allegations of torture in Zimbabwe. This landmark decision, based on South Africa's international obligations and domestic legislation, is rooted in the …
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A critical reflection on the judgement of the federal constitutional court of Germany on the European central bank's public sector purchase programme: ultra vires review and the primacy of European Law
… bonds was eventually brought to the Federal Constitutional Court of Germany (FCC). The FCC referred the matter to the European Court of Justice, which in 2018 upheld the practice and found it legal. In May of 2020 the FCC went against the European Court of Justice and pronounced the practice …
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Textualidad, interpretación y construcción del cuerpo : Políticas ontológicas de la legalización parcial del aborto en Colombia
… expertise, in institutional fields like the Constitutional Court. For this aim, has been made a discursive and rhetoric analysis of related technical literature, in particular the Act C 355 of 2006 from the Constitutional Court. This dissertation presents the several kinds of interaction …
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