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 70 for “"Separation of Powers"”.
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Separation of powers in the Kuwaiti criminal justice system
Discussions of the separation of powers tend to be related to the administrative state. By contrast, this research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the …
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Institutionalizing class conflict : Gouverneur Morris on mediating class warfare through separation of powers.
… dissertation argues that Gouverneur Morris, one of the primary authors of the Constitution, was driven by a uniquely American political theory, which brought together aspects of the class-based mixed regime with strict separation of powers, but is not reducible to either of those doctrines. …
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A sturdy house built on shifting soil: Separation of powers Interpretations from the bench
This thesis explores the development of the separation of powers doctrine and its application by the United States Supreme Court. Its analysis will focus upon the six different approaches to the doctrine that the Court has employed over the past two hundred years. Moreover, it will show that these …
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Individual Liberty and Separation of Powers in the Constitutional Statesmanship of Judge Brett Kavanaugh
<p>This dissertation argues that the main theme of Judge Brett Kavanaugh’s Constitutional statesmanship during 12 years on the D.C. Circuit Court of Appeals is individual liberty and separation of powers. The scope in terms of time is Judge Kavanaugh’s time on the Circuit Court. Hence, the title’s …
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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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Summary of Essays on the Constitutional Application of the 1996 CDA Section 230 and Separation of Powers
<p>Chapter 1 explores the issue of when and whether Big Tech stops being a private actor and become a “state actor” under the entanglement-entwinement theory such that the U.S. Constitution applies to its conduct, whether social media platforms are common law “common carriers,” and the state …
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The blended separation of powers and the organisation of party groups: the case of English local government
… local authorities. Through introducing a blended separation of powers to the majority of local authorities, with a leader, cabinet and overview and scrutiny committees, the legislation moved the constitutional structure from a form of assembly government to a Westminster-style split between …
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What is the role of the Constitutional Court in Safe-guarding the separation of powers in a dominant party democracy?
This thesis presents an analysis of the effect of dominant party democracy on South Africa’s traditional trilateral 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 …
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The separation of powers in Africa : a comparative analysis of Cameroon and South Africa, (c.1961-c.1996), with special reference to nation-building
Too often writers have focused on the economic and political factors in attempting an answer to the question why so many conflicts in Africa? This study breaks new grounds and seeks to demonstrate the role of law in these conflicts. The focus here is on the constitutional law paradigm of the …
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Presidential power and constitutional public administration.
… and the federal bureaucracy from the perspective of the constellation of power created by the Constitution. It argues that the centrality of presidential power in discussions of bureaucratic management and oversight is the result of a misunderstanding of the separation of powers promulgated and …
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National Security Crises and the Expanding American Presidency
The Constitution is meant to protect the rights of American citizens, while providing the United States with a strong and responsible government. During times of crisis, the executive branch of the government has often expanded its authority claiming that it requires extra powers to defend the …
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Does the lack of sufficient formulation and articulation of principles guiding the limits of the Constitutional Court undermine its legitimacy?
It is not simply enough to have a separation of powers written on paper. In this paper I shall 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 …
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Responsible Populism: Carl Schmitt's Constitutional Doctrine
… commentary on Carl Schmitt, the relationship of his constitutional and political theory to constitutional democracy remains deeply contested. Unlike discussions that uncover an anti-liberal or an anti-democratic Schmitt, this dissertation draws from his works a defense of representative …
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The Study of Public Administration in Korea: The Executive-Centered Approach to Public Administration and Its Legacy
The purpose of this dissertation is to examine if, and how, the executive-centered approach to public administration, which emphasized public administrators' unwavering loyalty to the president, intellectually shaped the founding and growth of Korean mainstream public administration in the …
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Law by Decree: A critique of section 5(2) of the Income Tax Act
This thesis addresses the question of whether section 5(2) of the Income Tax Act 58 of 1962 (the Income Tax Act) infringes upon the Separation of Powers Doctrine and constitutes an unlawful delegation of the power to impose or reduce taxes, in terms of the Constitution. The power to determine the …
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Unlawfully occupying the bridge to transformation: a case for judicial exploration when evictions are unjust and inequitable
… has recently peaked due to the slow pace of the State's provision of housing, coupled with the private housing market's inability to cater for poor and vulnerable people in society. As unlawful occupation happens on an indiscriminate basis, privately owned land also falls prey to it. In …
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The Impact of Institutional Rules on the U.S. Supreme Court
… Judicial Certainty: The Supreme Court's Use of Questions and Statements During Oral Arguments The United States Supreme Court hears oral arguments for every case granted full consideration. These proceedings are an hour in length with each party receiving exactly 30 minutes to state its case. …
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Congressional intervention in the administrative state: an inquiry into the Keating Five Hearings
The relationship between members of Congress’ and administrators has always been problematic. Interaction between the two takes place in oversight, casework and constituency service. Since the relationship is between two branches of government, separation of powers iS a problem and a delicate …
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O sistema prisional brasileiro frente à omissão estatal e ao estado de coisas inconstitucional: uma análise do controle jurisdicional de políticas públicas
Brazilian Federal Constitution of 1988 has listed many guarantees to incarcerated persons deriving from the core of the principle of human dignity. However, analyzing the Brazilian prison system, can be found a bleak picture of repeated violations of fundamental rights. Then, the question is …
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