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.
Results
Showing 1 to 20 of 82 for “"Constitutionalism"”.
-
“Transformative Constitutionalism” : the best tactic to achieve it
Dissertation (LLM)--University of Pretoria, 2014.
-
The principled constitutionalism of Justice Anthony M. Kennedy.
Justice Kennedy is the nation's most influential jurist, but he is given little respect as a constitutional and legal thinker. Often called the "swing justice" for his pivotal position between the Supreme Court's "liberal" and "conservative" blocs, his frequent control of the Court's most …
-
Divisive Rights and Structural Wrongs: A Comparison in Polycentric Constitutionalism
The research engages with federalism’s oldest question: how to draw the vertical division of powers between the central authority and the states. Focusing mainly on socio-political factions over fundamental rights, the research’s overarching goal is to develop a theoretically grounded criteria to …
-
Accepting the Unacceptable: Trinity Western University, Religious Freedom, and the Meaning of Liberal Constitutionalism
… state operating within the framework of liberal constitutionalism may legitimately condition receipt of public benefits on the recipient's conformity with liberal values—a question that is implicitly asked, but never directly answered, by the decision of the Supreme Court of Canada in Law Society …
-
Toward a European Bund. The Constitutionalism Deficit of Integration and How to Fix It
… of the principles of liberal and democratic constitutionalism. The EU, I argue, has features of both an international organization and a heterarchical federation, or Bund, in which neither the units nor the center are sovereign and the member state peoples retain their independent political …
-
The transformation of the American legal mind: Habeas corpus, federalism, and constitutionalism, 1787-1870
This study examines judicial conflicts caused by habeas corpus from the formation of the Constitution to Tarble's Case (1870). Intending to create a strong central government, the framers inserted the habeas corpus clause into the Constitution. It gave the federal government the power to suspend …
-
From the Grand Serail to the Great Revolt: Constitutionalism and Revolution in Lebanon, 1925-27
… aims to re-connect the facts of revolution and constitutionalism in Lebanon. It investigates the context of the drafting of the constitution and attempts to elucidate the impetus behind (1). the constitutional prescription for a sectarian system of government and (2). the popular motives for the …
-
Devising jurisprudential strategies for the maintenance of constitutionalism in the context of one party domination
… litigation to the extent that the principles of constitutionalism are bound to be imperilled. The courts, and more particularly the Constitutional Court, should be alive to the possible detrimental impact of one-party domination. Thus, it is suggested that they should follow an approach that …
-
False Universalism of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions and the Global South
… specific theories of global governance, global constitutionalism, and global administrative law, seek to introduce ideas of constitutionalism and administration as theories of governance. Global governance institutions seek to regulate the people of the global South, but both global …
-
Colonialism, Customary Authority, and Constitutionalism: Rethinking Gender, Justice, and Tenure Reform in South Africa through Ubuntu and Intersectionality
This thesis investigates how South African constitutional, property, and customary law frameworks shape women’s tenure security and gendered experiences of justice. Although the Constitution enshrines equality and nondiscrimination, deeply embedded patriarchal norms within institutions and, at …
-
Transformative constitutionalism and the position of the doctrine of substantive legitimate expectations in reforming administrative law in South Africa.
… substantive benefits through transformative constitutionalism in South African administrative law. South African courts have been reluctant to pronounce whether substantive legitimate expectations should be part of South African law, largely due to poorly substantiated cases before them as …
-
The role of the Pan African Parliament in promoting constitutionalism and democratic governance in Africa : lessons from other supranational parliaments
… advanced the recognition that the promotion of constitutionalism and democratic governance is imperative to the achievement of sustainable development and that the deficit of constitutionalism and democratic governance is the major problem militating against the realization of Africa’s …
-
The transformative potential of climate change litigation and adjudication in South Africa
… through transformative environmental constitutionalism, enhance a social justice-oriented approach to climate litigation in South Africa? One of the foremost assumptions in this dissertation is that climate change is not only an environmental issue; rather, it is an existential issue …
-
Loyalist or Patriot: The Precarious Position of Edmund Randolph, 1774-1786
… which paved the way for United States' Constitutionalism. An examination of his early life, legal career, and politics offers a new lens with which to view the emergence of American constitutional ideology. Building off the work ofT.H. Breen, who argues that Virginia's landed gentry …
-
Referendum on the Revolution: The Pennsylvania Constitutional Debate, 1776-1784
… American Revolution. This debate suggests that constitutionalism and political ideology were closely connected to, and mutually informative of, one another during the Revolution and that factions within the Patriot cause perceived their differing visions of government and brands of …
-
A more perfect union : Joseph Story's synthesis of natural rights philosophy and the common law.
… as a response to the rise in states' rights constitutionalism in Antebellum America, which advanced a reading of the U.S. Constitution grounded in American social compact theory. In response, Story articulated a national conception of popular sovereignty that contextualized the American …
Page 1 of 5