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 22 for “"administrative justice"”.
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Mobilizing, Resisting, and Transforming Title IX: How College Students Experience Sexual Violence and Administrative Justice
… debates regarding due process, restorative justice, and definitions of sexual misconduct. The articles in this dissertation offer a nuanced cultural analysis of Title IX, critically exploring the law’s interaction with gender, power, and violence. Drawing on qualitative data from 42 public …
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The importance of administrative justice rights in international refugee law: a case study of South Africa
… In the South African context, the Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’) reinforces section 33 of the Constitution, the objective of which is to provide just administrative action for everyone – whether they are South African nationals or otherwise. The Department of Home …
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Trials and Tribunals: administrative justice after PAJA and New Clicks with particular reference to the financial services industry
… The judgment is critical to our understanding of administrative justice in South Africa not only with regard to the applicability of administrative justice principles to the making of subordinate legislation, or administrative rule making, but also because of its wide ranging analysis of the state …
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The role of administrative justice in the realm of the commissioner's discretionary decisions as provided for by the Tax Administration Act 28 of 2011
… to lawful, reasonable and procedurally fair administrative action. This right is given effect to in the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”). This study evaluates firstly, the CSARS’ discretionary powers to grant suspension and waivers; secondly, the provisions of …
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Vývoj správního soudnictví v ČR
53 Development of administrative justice in Czech Republic Abstract The thesis, as the title suggests, deals with the development of administrative justice in the Czech Republic. First, it discusses administrative justice in general, then its characteristic features are described. The thesis then …
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The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
… guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the …
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Ordinamento giudiziario amministrativo e garanzie statiche della giurisdizione
… if the independence and impartiality of Italian administrative judges is sufficiently respectful of the due process clause. The starting point of this analysis is the fact that administrative justice historically stands at the stormy meeting point between the executive power and the judiciary and …
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The constitutionalisation of administrative law in South Africa: an examination of the administrative justice clause in the interim constitution, case law pursuant thereto and proposals for the clause in the final constitution
In February 1993 leading academic and practising administrative lawyers gathered in Cape Town for a three day workshop in order to conceive a vision of administrative law in the future South Africa. The portents and conditions for reform for this critical juncture of law and public power were the …
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A principled approach to the computation of damages under Section 8 of the promotion of Administrative Justice Act 3 of 2000 for losses suffered as a result of the non-performance of social welfare administrators
… that they have suffered as a result of tardy administrative payments. Such actions can be brought in the law of delict. However, this paper suggests that actions for damages in the social welfare context may be better suited to administrative law because it is more far reaching than delictual …
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The constitutionality of sections 88 and 90 of the Customs and Excise Act 91 of 1964
… comply with the constitutional right to just administrative action, read with the provisions of the Promotion of Administrative Justice Act 3 of 2000. As international trade increases, it is increasingly important that the provisions of the Customs and Excise Act 91 of 1964 which regulate the …
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Transformative constitutionalism and the position of the doctrine of substantive legitimate expectations in reforming administrative law in South Africa.
… English law, has been engrained in South African administrative law for some time, extending the scope of procedural rights afforded to individuals affected by administrative actions. In principle, the doctrine of legitimate expectations comprises two pillars: a procedural legitimate expectation …
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Unlocking the revolutionary potential of Kenya's constitutional right to fair administrative action
… recognition in Article 47 of the right to fair administrative action as a fundamental right in the bill of rights and the replacement of parliamentary sovereignty with constitutional supremacy. These aspects of the 2010 Constitution sought to effect broad revolutionary changes to Kenya's …
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Never again: section 24 of the interim constitution and administrative law in South Africa
… to explore the implications for South African administrative law of the constitutionalisation of administrative justice in the interim Constitution. It is divided into two parts, the first dealing with the impact of the constitutionalisation of the clause, and the second dealing with the impact …
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A critical analysis of the Delay Rule in South African Administrative Law post State Information Technology Agency Soc Limited v Gijima Holdings (PTY) Limited
… seminal in establishing that the Promotion of Administrative Justice Act, 2000 is not available to an organ of state wishing to set aside its own decision while acting in its own interest. The case is also significant for the impact it has had on the delay rule. This paper identifies a problem …
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The right to be heard - worth the delay? A critical examination of public participation’s role in the efficiency of administrative action in democratic South Africa
“Section 4 in the Promotion of Administrative Justice Act 3 of 2000 (the PAJA) is a great achievement for South African administrative law, and its very presence in the PAJA is likely to have a positive effect on the rate and quality of participation in administrative decision-making. Despite the …
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Does the tax administration act sufficiently protect the taxpayers' right to privacy or provide the taxpayer with a right to be informed?
… of a democratic society in order to fund the administrative and financial burden on the state. The current society with advanced information technology has resulted in information being easily accessible and transferred and accordingly our privacy is being more invaded than before. This is …
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The review of a municipality’s own procurement decisions: PAJA or legality review?
… can be conducted through the Promotion of Administrative Justice Act (PAJA) or by appealing to the principle of legality. Procurement decisions constitute an administrative action and should therefore be reviewed in accordance with PAJA. However, the Constitutional Court (CC) (in State …
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Physical access for persons with disabilities
… individuals initiate complaints through the administrative justice system. To address the extent to which this is a problem, many sources were consulted. Constitutional lawyers, tribunal members, advocates for the disabled and land use planners were interviewed. Case law and legislation were …
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Procedural justice under the principle of legality in South African administrative law
… Constitution provides everyone with a right to administrative action that is procedurally fair. This right 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 …
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