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 71 for “"Unconstitutional"”.
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Informal constitutional change: towards a South African theory of unconstitutional constitutional change
… conclude that the Constitution has been changed unconstitutionally at least once.
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The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law
… is unfairly discriminatory against women and unconstitutional in the present Malawi constitutional regime. It further advocates that the rule should be abolished both by judicial pronouncement and legislatively. Since the corroboration requirement is a common law rule, lessons will be drawn …
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The antecedents to the school financial crisis in Kentucky
… Constitution Judge Ray Corns ruled the system unconstitutional on May 31, 1988. He held that the system violated not only the state constitution but also the due process and equal protection clauses of the 14th Amendment of the United States Constitution. The purpose of this study was twofold. …
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The right to education of asylum seeker and refugee children
… of access education for refugee children is an unconstitutional practice in schools rather than a legislative injustice. This paper uses journal reports, newspaper articles, academic writing on both national and international perspective on the infringement of education rights on refugee …
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Much a coup about nothing? Was Zimbabwe's 2017 ‘military-assisted change of government' an ‘unconstitutional change of government' as defined by applicable international law? Did the relevant international bodies respond to it in accordance with their own rules?
… AU in particular usually adopts a strong anti-unconstitutional change of government (‘UCOG') stance and has developed a legal framework for identifying and addressing UCOGs. Thus, although Zimbabwe's Constitutional Court may have effectively whitewashed the change of government, this does not …
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Legal representation at the commission for conciliation mediation and arbitration
… where it was stated that the limitation is not unconstitutional. Both cases were referred to the Constitutional Court which could not make an unequivocal pronouncement on this issue. With this background this mini-dissertation seeks to examine whether the Constitutional Court is likely to decide …
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The constitutional case for legal regulation of illicit drugs in South Africa
… Africa's current drug policy is unsound and unconstitutional. The legislative and policy framework is based on the prohibition of certain psychoactive substances deemed illicit and the criminalisation of their production, distribution and use, to wit: prohibition drug policy. This paper …
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Improving Commercial Sign Regulations: A Preliminary Framework to Evaluate Commercial Sign Regulations in Texas
… protections of speech making such legislation unconstitutional. The purpose of this applied research project consists of three portions. The primary purpose is to develop a preliminary framework to be used in evaluating commercial signs regulatory legislation in Texas. The secondary purpose is …
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The new constitutional law.
… eleven decisions holding acts of Congress unconstitutional, it quickly abandoned its functions in this field. As a result, with the exception of a minor provision, no act of Congress has been declared unconstitutional since 1936. Instead, the Court has come almost to assume the …
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A critical assessment of the effectiveness of the legal framework on drug offences in Namibia
… Legislation have already been declared as being unconstitutional in South Africa. It was concluded that indeed the Section 10 presumptions were unconstitutional in Namibia insofar as they were in conflict with the constitutional right to be presumed innocent until proven guilty in a court of law. …
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Thomas H. Brewer and the Struggle for Civil Rights
… this decision that declared school segregation unconstitutional, many white southerners felt anger, fear, and uncertainty about how this court decision would affect their lives.</p> <p>Their culture based on racial segregation was threatened with destruction. "Separate but equal, " which had …
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Constitución y guerra: Una revisión del sistema de derechos fundamentales de Colombia durante el siglo XX
… the war. Factors that, despite being "modern" unconstitutional, are part of their real legal culture.
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Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town
… in this dissertation is that this prohibition is unconstitutional for the following three reasons: Firstly, it unlawfully interferes with homeless peoples efforts to maintain and build and decent life. Secondly, it disproportionally discriminates against black people. Lastly, it halts …
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Immigrant to citizen : reciting the Canadian oath of citizenship in a multicultural society
… the recitation of the Oath was perceived to be unconstitutional as it contains a portion where naturalized citizens pledge allegiance to the Queen. Although the courts have dismissed the objections to the Oath, how naturalized citizens interpret the Oath remains largely unexamined. This article …
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American public opinion relating to the Roosevelt court proposal of 1937
… was ruled out by the Supreme Court as unconstitutional. Subsequently, the President on February 5, 1937, presented a proposal to alter the court system of the United States. This proposal brought forth a surge of public opinion throughout the nation. Sharp divisions of opinion occurred …
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A constitutional analysis of a differentiated tax treatment of residents and non-residents in respect of income deriving from immovable property in South Africa
… rates and illustrates how current tax rates are unconstitutional. The recommendations brought forward contribute toward the discussion of how tax rates should be altered in order to ensure that residents' constitutional rights are no longer violated.
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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
… Constitutional Court has defined as an "Unconstitutional State of Fairs". From finding potential inability of the government to remedy this massive and widespread violation of various fundamental rights rises the possibility of intervention by the judicial policy making related to the …
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The West Virginia Pauley v. Bailey decision: an historical perspective
… Court, ruled the public school finance system unconstitutional. Justice Recht ordered the West Virginia Legislature to develop a state system for funding the public schools that would comply with the constitutional mandate to provide a system of public schools that was "thorough and efficient" …
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The Canadian Nondelegation Doctrine: An Architectural Imperative
… This dissertation argues that such delegation is unconstitutional. The unwritten principles of democracy, the separation of powers, and the rule of law – all defining features of the Constitution pursuant to leading Supreme Court of Canada decisions – demand that legislative decision-making be …
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