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 21 for “"Principle of Legality"”.
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Procedural justice under the principle of legality in South African administrative law
… is given legislative effect in the Promotion of Administrative Justice Act (PAJA), under which the requirements of procedural fairness are broadly applicable and robust. The application of procedural fairness under the Constitution and the PAJA is however limited to those exercises of public …
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The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law
The development of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. …
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Vergi idaresinin düzenleme yetkisinin kapsamı ve sınırları
The subject of thesis is the scope and limits of the regulation authority of the tax administration. The thesis consists of four sections except for the introduction and conclusion. In the first section, the definitions of the basic notions and terms regarding the subject has been made; …
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Posílení zásady oportunity v českém přípravném řízení
Strengthening the Principle of Opportunity in Czech Pre-Trial Criminal Proceedings Abstract182 This thesis addresses the topic of strengthening the principle of opportunity in pre-trial criminal proceedings in the Czech Republic. The aim of the thesis is to identify the problems created by the …
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The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far?
This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in …
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The scope of war crimes against peace-keeping personnel : Do Articles 8 (2) (b) (iii) and (e) (iiD ICC- Statute and 4 (b) SCSL- Statute fulfil the requirements of the principle of specificify in international law?
… world's most important peacekeeper and safeguard of human rights.1 Due to the increasing number of attacks against those who keep the peace in practice, the international community felt the urgent need for a better protection for its peacekeeping personnel.2 Therefore, attacks against peacekeepers …
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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
… 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 called a culture of authority. The advent of the Constitution, which …
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Judicial review of revenue authority decisions in a specific tax treaty context – a study of the extent of convergence in the reasoning of different courts reviewing revenue authority decisions under model-based tax treaties
… how different courts review the exercise of discretion under specific model-based tax treaty clauses that confer wide decision-making powers to officials. The aim is to identify whether there is convergence in argument that may be of relevance to other courts for the uniform interpretation …
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The change of position defence in comparative perspective
This work examines the change-of-position (loss of enrichment) defence comparatively in five jurisdictions, namely South Africa, Brazil, England Canada and USA. It advances a three-part argument which contends, first, that when a legal system opts for a general enrichment principle, it must equally …
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The contribution of customary international law to the development of international crimes: the role of international courts and tribunals
The development of international crimes rightly touches the statement, ‘desperate ills need desperate medicines’, made by Mr C.B. Burdekin, a representative from New Zealand, during the thirty-sixth meeting of the United Nations War Crimes Commission on 17 October 1944. The thesis is intrigued by …
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The idea of punishment in international human rights discourse: A conceptual and historical critique
The idea of punishment is typically framed in human rights and legal scholarship in terms of the principle of legality, the due process, and the prohibition of certain forms of punishment deemed cruel, inhuman and degrading. This study seeks to shift the focus towards deeper penological questions …
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The review of a municipality’s own procurement decisions: PAJA or legality review?
Organs of state are constitutionally mandated to procure goods and services in accordance with the requirements of the Constitution and any other procurement applicable legislation. When organs of state procure without adhering to existing procurement laws, there is irregular expenditure. Irregular …
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Suppression of terrorist financing: over-criminalization through international law
… regime through international treaties, soft laws and Security Council resolutions, and to diffuse this regime into domestic laws. Aimed at preventing terrorism, this regime has introduced two types of measures: financial measures which involve financial institutions in the fight against …
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El Procedimiento Administrativo Sancionatorio en materia ambiental: Efectos de la sentencia 115-2012 para la imposición de sanciones por infracciones ambientales
… penal procedure in El Salvador in view of the unconstitutionality penalty 115-2012. Such resolution stated that the 89th article of the Environmental Law as unconstitutional, on the grounds that it violated the principle of legality by failing to clearly establish the minimum wage used …
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Australia's Common Law Constitution
The centrepiece of the Australian legal order is the Constitution of the Commonwealth of Australia (the ‘Constitution’). While the Constitution has proven to be a long-lasting force for stability in Australia, it does not cover the field in terms of constitutional law. Australian lawyers have long …
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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
This research work fits in the particular field of legal knowledge called “Science of Legislation”, limited to “criminal laws”. In this field, in particular, one of the fundamental issues that involves the legislative drafting is the provision of an “abstract case” capable of expressing a …
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Crisi economica e principio di legalità
I principi del diritto amministrativo, nell'attuale contesto storico-economico, segnato dalla crisi economica mondiale, lungi dal connotarsi in termini di immutabilità, vivono una fase di ridefinizione. Ciò è particolarmente vero nel caso del principio di legalità. Esigenze finanziarie e di …
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The History of the Public-Private Divide in UK Individual Information Law: 1948 to 2017
… develops an argument that, across the history of the public-private divide in individual information law, a complex set of interactions between four approaches to the public-private divide can be identified: common sets of concerns, attitudes, assumptions and tendencies that purport to justify …
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¿Deferencia judicial o deficiencia judicial?
… control judicial de los actos sancinonatorios proferidos por la Superintendencia de Industria y Comercio, los jueces son deferentes a favor de la administración, si existen deficiencias en la manera en cómo la jurisdicción lleva a cabo el control judicial o si, por el contrario, los jueces …
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La riserva di legge in materia penale e la sua erosione nell’ordinamento costituzionale. Tra Potere legislativo, influenze europee e discrezionalità giudiziaria.
… al legislatore. Dopo la disamina storica e filosofica del principio di legalità in materia penale, ci si sofferma sulle questioni di diritto costituzionale che scaturiscono nella teoria e nell’applicazione pratica di tale principio, pur non tralasciando anche le principali problematiche di …
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