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 8 of 8 for “"Constitutional supremacy"”.
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Constitutional limits on the application of the political question doctrine: a study of Kenya, South Africa and Ghana
… under the now widely embraced principle of constitutional supremacy. What was a call to complete abstention in the face of political questions has been replaced with a call for the constitutional review of political questions as judges continue to embrace their guardianship role over the …
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The possibilities of institutional dialogue in South Africa through weak form judicial review
… as well as each branch’s status within the new constitutional dispensation. Prior to this era of constitutional supremacy South Africa was subject to the principle of parliamentary sovereignty, an era where the courts could only challenge legislation on procedural grounds, but had no general …
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Post colonial Canada? government approach to implementing treaty First Nation land and resource rights
… Western ideologies, power imbalances, and constitutional supremacy that subjugates both Indigenous perspectives and international rights standards.
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Rights jurisprudence and the charter : evaluating the changing structure of Canadian federalism /
… - has kept this jurisprudence solely within the supremacy of Parliament, subject to its confines and division of powers. After 1982, however, a new constitutional organizing principle was introduced, when Prime Minister Pierre Trudeau introduced the patriation initiative, touted as the "people's …
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Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts.
… (ii) the application of the concept of constitutional supremacy which has been interpreted to allow Nigerian courts to participate in all cases including arbitration and override parties' agreement, (iii) absence of Institutionalised tracking and periodic recalibration of the …
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Unlocking the revolutionary potential of Kenya's constitutional right to fair administrative action
… replacement of parliamentary sovereignty with constitutional supremacy. These aspects of the 2010 Constitution sought to effect broad revolutionary changes to Kenya's administrative justice jurisprudence, which was previously premised in large part on the common law. The constitutional right to …
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Incentives and Institutions: A Comparative Legal and Economic Study of Food Safety
… systems are discussed under two central themes: Constitutional Supremacy versus Parliamentary Sovereignty; American Tort Law, Litigiousness and Safety. This is followed by a discussion around three fundamental points: effectiveness and efficiency of the tort liability as a means to ensure safety, …
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Does a dominant party democracy erode constitutional legitimacy? An analysis of the African national congress and the South African constitution
… is required into whether the legitimacy of constitutional supremacy remains intact as a state functioning under a dominant political party. There are certain pathologies which develop in a dominant political party state, pathologies which lead to autocratic rule and which has the potential …