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 114 for “"administrative law"”.
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Justice Robert Jackson and the evolution of administrative law
… have agreed upon a satisfactory definition of administrative law. To help explain this present-day confusion, conceptual history of administrative law is presented. This history, which stresses how administrative law has been perceived, is divided into three major periods: 1893-1913, 1933-1946, …
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Applying principles of administrative law to investor-state treaty arbitrations
… of this research is to assess an emerging public-law concern: the review of the administrative actions of a host state in investment arbitration. This research examines the extent to which the principles of domestic administrative law can be used as a legal reference for investment arbitrators to …
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The new administrative landscape- implications of managerialism for administrative law
In the introductory section to Baxter's Administrative Law, the author in an attempt to delineate the field of administrative law stated the following: 'A factor retarding the development of administrative law as a significant discipline has been a lack of agreement as to what "administrative law" …
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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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Assessing public-private-partnerships in South Africa and how administrative law should respond
… is the conclusion of this dissertation that if administrative law is not responsive to the threats to the impoverished populations in South Africa not having access to electricity, then an infringement of fundamental human rights may occur.
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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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Administrative Law in the Welfare State: Addressing the Accountability Gap in Executive Social Policy-making
… rise of the welfare state, democratic, common law governments undertook a new proactive role as social welfare manager; allocating limited health, education, and social services benefits among competing public priorities. In spite of the important impact of this role on the lives of citizens, …
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Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
There is an administrative law relationship between the taxpayer and the Commissioner for Inland Revenue, (hereinafter referred to as 'the Commissioner') The basis of this relationship is that the Commissioner is required to collect tax and the taxpayer is required to pay the tax. In exercising his …
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Tribunals, Trials, and Tribulations: The Impact of Administrative Law on Religious Freedom in the Supreme Court of Canada
… of the Charter in 1982, the interactions between law and politics have become an increasingly important consideration in Canadian political science. The literature has focused primarily on how the Charter has expanded the Supreme Court’s authority to shape the development of legislation, as well …
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False Universalism of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions and the Global South
… of the people of the global South? International law and its institutions are growing at an unprecedented speed and this expansion has captured the curiosity of international lawyers and international law scholars. As international law and its institutions continue to grow, there are concurrent …
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Transformative constitutionalism and the position of the doctrine of substantive legitimate expectations in reforming administrative law in South Africa.
… expectation, initially adopted from 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 …
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Financing infrastructure at multilateral development banks: global administrative law and accountability reforms in infrastructure project financing in the BRICS bloc
… with reference to the interface between global administrative law principles and domestic administrative law principles. It addresses how supranational regulatory mechanisms should render the exercise of discretion and authority at the international level more transparent and accountable for the …
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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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Equity's roving commission in administrative law: An analysis of the present and potential role of equity in the relationship between local authorities and their service users
… equity and its principles in the field of public law. It asks whether the relationship between local authorities and their service users can properly be understood as being a fiduciary relationship. In considering this question the thesis examines the extent to which the relationship is analogous …
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Meeting the Demands of Modern Governance: The Administrative Thought of Supreme Court Justice Byron White
This dissertation examines the administrative principles found in retired Supreme Court Justice Byron White's administrative law case opinions. The purposes of the dissertation are to explore and identify the dominant themes found in White's administrative law opinions and to discover what public …
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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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