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 80 for “"South African Constitution"”.
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The Relevance And Influence Of The South African Constitution On Maritime Law
"The new Constitution has invigorated our entire body of legal science ... (and) has rejuvenated legal thought across the whole spectrum of law teaching and research "1 Professor Marrinus Wiechers. Maritime Law is no exception to the new era of constitutional democracy that this country has …
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Conflict or co-operation : an examination of the South African Constitution and the church
… is an examination of the impact of the current South African Constitution on the church. The question is whether there is conflict or co-operation between certain provisions of the Constitution and the church as reflected in the word of scripture. The reason for this is that certain sectors of …
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Investigating the conflict between freedom of religion and Freedom of expression under the South African constitution
This mini-thesis is based on the presumption that the Danish cartoons and the anti-Muslim clip posted on YouTube as forms of expression, ridiculed the religious beliefs and practices of Muslims which in turn affected the exercise of religious freedom as it violated the dignity of the bearers of the …
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Hate speech under the South African Constitution: How should South African Courts interpret ‘incitement to cause harm'
… to cause harm' under section 16(2)(c) of the Constitution. In order to determine the meaning of incitement to cause harm, I utilise section 39(1) of the Constitution which provides that when interpreting the Bill of Rights, “a Court (a)must promote the values that underlie an open and …
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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 …
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Validation of the Mandatory Guidelines for the American Federal Workplace Drug Testing Programs within the context of the South African Constitution
… framework for drug and alcohol testing in the South African workplace. The use of mind-altering substances like cocaine and opium has been part of humankind for millennia. Alcohol is an excellent example of a euphoric substance that is legal and socially acceptable. Sufficient evidence exists …
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The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996
… Many states incorporated these rights into their constitution under the heading of 'Bill of Rights'. Several different definitions, of the term 'human rights' exist but none of them is generally accepted. Intuitively, the word 'human' suggests that this right applies to every human being. The …
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An Analysis of the Human Rights and Gender consequences of the New South African Constitution and Bill of Rights with regards to the recognition and implementation of Muslim Personal Law
Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed to them by religion and culture. The author of this dissertation is herself …
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Democracy and communications : an analysis and assessment of the public participation programme of the Constitutional Assembly
… the Public Participation Programme in the South African constitution-making process. The central premise of the thesis is that there is a link between participatory lawmaking processes and legitimate democracy. Accordingly, the drafting of the constitution and other law requires public …
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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?
The South African Constitution explicitly guarantees the right of access to housing (section 26 of the Constitution). To consider whether the state has fulfilled its positive obligations to take appropriate steps to realise the right of access to housing within its available resources, the …
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Impact of the new South African and German constitutions on labour law: a comparative analysis
… some reflections on the impact which the new South African and German constitutions have on labour law and labour relations. It assesses the efficacy of the two constitutions in the development of labour law and promotion of various employees rights such as freedom of association, collective …
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The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers
… the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that …
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Electronic Communications in the Workplace
… by the state as defined in Section 14 of the South African Constitution. It could be applied to the employee and employer relationship. The existence of other public interest may substantively reduce the scope of such privacy rights. [...]
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The constitutionality of the Maiden Bursary
The South African Constitution and the Convention on the Elimination of All Forms of Discrimination Against Women and other international law instruments are missioned to ensure the advancement and protection of women by eradicating discriminatory actions targeting women, on any platform. The …
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The case for assisted dying/euthanasia in specific cases in South Africa with reference to the development of the South African and Canadian Jurisprudence under a human rights political order
… that the present jurisprudence, particularly constitutional law and the common law of South Africa all lend support to the case for decriminalising physician assisted suicide through invoking a right to die with dignity (RDD). This argument is foundationally premised on the clear jurisprudence …
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Schools as fertile ground for the promotion of multilingualism in South Africa
This thesis reviewed the South African Constitution, the Language-in Education Policy (2004) and the National Language Policy Framework (2002), with the intention to compare certain promulgations on the issue of language use in South Africa. The constitution is unequivocal about the promotion of …
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An investigation of the lived reality of the disjuncture between policy and practice in the implementation of South Africa's disability grant
The South African constitution emphasises the right of all citizens to income security if they are unable to support themselves and their dependents. Within the current context of high unemployment and poverty, this right is even more pertinent. The Disability Grant, being the only grant available …
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An assessment of capital budget planning and municipal borrowing as funding source in Overstrand Municipality in the Western Cape
… major challenges confronting municipalities in South Africa are poor governance, lack of effective performance, backlogs in service delivery, over- and in most cases under-spending on capital infrastructure, and poor audit outcomes. It is therefore very important for municipalities to deliver on …
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Examining the influence of civil servant’s embeddedness in the provision of basic services in Msukaligwa Local Municipality
… District was selected as the case study. The South African Constitution, 1996, Section 10 guarantees everyone the right to human dignity. The standard of living for humans must be respected and safeguarded. Water, better roads, and dwellings under the Rehabilitation Development Programme (RDP) …
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Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
… juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that every child has the right not to be detained except as a measure of last resort in which case, …
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