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 7 of 7 for “"Transformative constitutionalism"”.
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“Transformative Constitutionalism” : the best tactic to achieve it
Dissertation (LLM)--University of Pretoria, 2014.
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Transformative constitutionalism and the position of the doctrine of substantive legitimate expectations in reforming administrative law in South Africa.
… for incorporating 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 …
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The transformative potential of climate change litigation and adjudication in South Africa
… addresses the following central question: Can transformative adjudication, 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 …
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The 1996 Constitution and the Tax Administration Act 28 of 2011 : balancing efficient and effective tax administration with taxpayers' rights
… about socio-economic transformation, part of transformative constitutionalism, through progressively realising socio-economic rights. This dissertation examines the way in which tax administration may take place efficiently and effectively with due respect for taxpayers' rights. A clear link …
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The role of Good Faith in South African Contract Law: a critical analysis of the Beadica Judgement
… values and uphold the principle of ‘transformative constitutionalism' and if not, whether further development of the principle is still needed, either by developing our common law through our courts or creating further legislation on the matter.
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The [flourishing] entrepreneur: a case for legislative intervention to support healthy SMME financial access in South Africa
… to the Constitution, as well as the concept of transformative constitutionalism, as mandating a capabilities-approach to human development. It is for this reason that a property system with a distributional outcome that supports the realisation of the capabilities of persons in society is …
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Confronting Founding Injustices: Reconstructive Constitutional Adjudication and Constitutional Legitimacy in Postcolonial States
… compliance and, over time, diffuse support. Transformative constitutionalism locates legitimacy in social justice, emphasizing judicial doctrines such as proportionality and reasonableness to advance equality and material inclusion. Transitional justice approaches, by contrast, locate moral …