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 335 for “"common law"”.
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Australia's Common Law Constitution
… legal order is the Constitution of the Commonwealth of Australia (the ‘Constitution’). While the Constitution has proven to be a long-lasting force for stability in Australia, it does not cover the field in terms of constitutional law. Australian lawyers have long considered what lies …
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Simulation discussed : tax avoidance in the common law
The simulation doctrine has, in the law of taxation, always played the role of being SARS' remedy in the common law, vis-a-vis its legislated cohorts, viz. both the specific and general anti-avoidance provisions contained in the various tax statutes. Building on the principles established in …
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Kenningin um brostnar forsendur með hliðsjón af Common law rétti
… sem tekur til forsendubrests í enskum Common law rétti. Þar er varpað ljósi á sögulegan bakgrunn og dómaframkvæmd í enskum rétti er rakin með ítarlegum hætti. Við tekur sambærilegur kafli og í íslenska hlutanum, þ.e. um inntak og beitingu reglunnar um brostnar forsendur af enskum …
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Development of Subsidiarity via Civil and Common Law Jurisprudential Epistemology
… of Maastricht, subsidiarity is now a part of EU law. Although seemingly intended to resolve questions concerning the proper allocation of powers, its codification has generated substantial debate concerning the proper meaning(s) (if any) and/or application(s) of subsidiarity within the EU.</p> …
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Changing prostitution discourse in Canadian common law from 2010 to 2018
… in legislative amendments of prostitution laws (Bill C-36). Bill C-36, implemented in 2014, resulted in several significant changes, including the eradication of the word ‘prostitution’ from the Criminal Code, and the criminalization of buying, but not selling, sexual services. Given Bill …
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The aboriginal rights of the New Zealand Maori at common law
… This thesis considers the extent to which the common law of England recognised the rights embodied in the Treaty of Waitangi upon the Crown's assumption of the territorial sovereignty over New Zealand. Since the principles of the common law developed in an organic manner through the history of …
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Legal controls of corporate management in Japan : comparisons with common law jurisdictions
… arise. Thus, there is a need for corporate law whose functions include regulating how these powers ought to be exercised by them. This thesis attempts to analyze the legal controls regulating shareholders and directors under Japanese corporate law, primarily by focusing on legal rules …
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La vie comme préjudice: un regard comparé en Common Law Nord-Américaine
… juridictions de tradition tant civiliste que de common law. Dès 1963, la Cour d'appel de l'Illinois, statuant sur l'action d'un enfant reprochant à son propre père biologique son statut d'enfant illégitime et adultérin, soulevait les préoccupations ayant trait aux conséquences sociales …
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Responsabilidad patrimonial del municipio en el Common Law: similitudes con la regulación española
… tiempos la influencia del sistema jurídico del Common Law en nuestro ordenamiento jurídico. Se parte de la premisa de que, aun resultando aquel tradicionalmente ajeno al Derecho español, sin embargo, es constatable su influencia en el régimen jurídico de la responsabilidad patrimonial …
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The Brazilian Model of Precedents: a New Hybrid between Civil and Common Law?
… of precedents as a new hybrid between civil and common law. Conceptual and broadly comparative (constantly drawing knowledge from the English common law), it presents how precedents are understood and how they operate in Brazil. This thesis systematises the concepts and establishes a consistent …
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The interpretation of deeds and wills at common law, c. 1536-c. 1616
This thesis explores common law approaches to the interpretation of deeds and wills between approximately 1536 and 1616. It identifies the rules and principles used by lawyers to understand these documents, and explores the wider forces that influenced their development. The methodology of the …
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The basis and boundaries of employee fiduciary duties in South African common law
The nature and potential application of the common-law fiduciary doctrine, and of the distinctive nature of the duties to which it gives rise, is seldom appreciated or analysed in South African law. This is particularly evident in the law of employment, where the courts’ references to the …
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The Common Law Duty of Confidence and the Use of Information in Healthcare in Wales
… describes how information that is subject to the common law duty of confidence can be shared lawfully in the National Health Service in Wales. The complexities of modern healthcare and the exploitation of data to improve service provision necessitate a clearer understanding of the duty of …
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IL CONTROLLO GIURISDIZIONALE SULL¿ACCUSA: GLI SVILUPPI DELL¿UDIENZA PRELIMINARE E DEI MODELLI DI COMMON LAW
Despite repeated attempts at revitalization, including the most recent reform of criminal justice, the preliminary hearing continues to show its limitations in performing its fundamental functions of safeguarding the defendant’s rights and ensuring the efficiency of the system. Even repeated …
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Constitutional Rights in a Common Law World: The Reconstruction of North Carolina Legal Culture, 1865-1874
… citizenship and made equality before the law a constitutional requirement. These national constitutional amendments brought revolutionary change to America's foundational law, but it was up to state and local legal actors to incorporate this change into the law that governed the everyday …
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The common law of nations : the ius gentium in the political thought of Francisco Suárez, S.J.
… gentium for modernity. According to Suárez, the law of nations consisted in mutually recognized norms that govern international conduct in war and peace, bearing legal status as customary standards. As such, the ius gentium offered a tenable basis for international order in a post-Christendom …
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A more perfect union : Joseph Story's synthesis of natural rights philosophy and the common law.
… a synthesis of natural rights philosophy and the common law. Against arguments that suggested the incompatibility of natural rights philosophy and the common law, especially those put forward by Thomas Jefferson and his followers, Story argued that the American people developed a particular …
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The reparation of harm: A canonical analysis of canon 128 with reference to its common law parallels.
In 1983, a maxim of the natural law was concretized into a canonical obligation requiring one remedy the harm that one inflicts. In addition to canon 128's providing legal encouragement for one voluntarily to remedy the harm that one inflicts, if the person does not act voluntarily, c.128 provides …
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