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 31 for “"constitutional democracy"”.
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Responsible Populism: Carl Schmitt's Constitutional Doctrine
… on Carl Schmitt, the relationship of his constitutional and political theory to constitutional democracy remains deeply contested. Unlike discussions that uncover an anti-liberal or an anti-democratic Schmitt, this dissertation draws from his works a defense of representative government …
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Access to legal assistance for indigent accused person during the pre-trial stage: an analysis of the role of paralegals.
… is usually illusory. Prior to the inception of constitutional democracy, access to legal representation for the vast majority of South Africans was, sadly, inadequate. The Legal Aid Board provided limited judicare service legal representation, dependent on a means test, that left the majority of …
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Executive Authority and Judicial Intervention: A Lawfare Critique into the President’s Powers of Appointment
… with the conduct of functionaries of critical constitutional institutions. This dissertation will critically evaluate the validity of this lawfare charge by focusing on the President's constitutional powers to appoint the National Director of Public Prosecutions (NDPP) and Cabinet. The …
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Reconciling the irreconcilable: Democracy and the National security exemption to the right to freedom of information
The prevailing South African Constitutional order is defined in the Constitution of the Republic of South Africa as a sovereign constitutional democracy. Freedom of access to government held information by the public is a fundamental and indispensable tenet of a sovereign constitutional democracy. …
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Paying the Penalty: The Role of Punishment in Theories of Justified Civil Disobedience
… dissent can be morally justified in a legitimate constitutional democracy; and, if it can be justified, (ii) roughly what the conditions are under which this is the case. The received view among liberal political theorists, as I understand it, is that civil disobedience can be morally justified, …
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“Because the country says they have to change” : an analysis of a diversity intervention and its effects on a South African Police Service station
The shift from apartheid to a constitutional democracy in South Africa, brought with it a plethora of questions concerning ideas of nationhood, citizenship, and organisational transformation. Integrally caught up in the revolution, the South Africa Police Service (SAPS) faces transformative …
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South Africa's response to terror : the case of PAGAD
… and methods used to combat domestic terrorism in constitutional democracies as well as the problems encountered by democratic South Africa in responding to PAGAD bearing in mind the legal-constitutional and the political constraints that this democracy faces. Using PAGAD as a case-study and …
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Administrative Law in the Welfare State: Addressing the Accountability Gap in Executive Social Policy-making
… down. In this dissertation, I argue that our constitutional democracy permits courts to fill this accountability gap by acting as an accountability mechanism of last resort. I propose a new doctrine of administrative review for social policy and programs in which deference is based on evidence …
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John Rawls and the Supreme Court : a study in continuity and change.
… and securing his realistic-utopian vision of a constitutional democracy. This is highlighted by his calling the Court the exemplar of public reason; it is to take the institutional lead in re-founding the U.S. Constitution upon an overlapping consensus on issues of public morality based upon a …
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Constitutional rationalisation of legislation dealing with traditional justice system
… whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional …
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The Relevance And Influence Of The South African Constitution On Maritime Law
… Maritime Law is no exception to the new era of constitutional democracy that this country has embarked on. It should too be "rejuvenated" or altered, where necessary, to be malleable to the new constitutional dispensation. The South African Constitution is admired as one of the most advanced in …
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When parents die: locating children's right to economic security in South Africa's law of succession and guardianship
South Africa's era as a constitutional democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) …
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Municipal law responses to the threat of international terrorism
… present legislation such as the Protection of Constitutional Democracy against Terrorist Related Activities Act 33 of 2004 is not adequate to effectively deal with the threat posed by international terrorism. In order to be able to prevent and combat the threat posed by international terrorism …
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The Narrative of the ‘new' South Africa: Bearing Witness to the Truth and Reconciliation Commission on its 20th Anniversary
… Africa's short history. Twenty-one years of democracy, 60 years of the Freedom Charter and the Truth and Reconciliation Commission (TRC) saw its 20th anniversary. This has gone relatively unacknowledged, eclipsed by socio-political and economic turmoil. A struggling economy, rising …
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Language in South Africa's higher education transformation : a study of language policies at four universities
… following South Africa’s transition to a constitutional democracy was important not only for societal transformation but also to enable previously disadvantaged South Africans proper access to education. In order to achieve this end policies had to be developed by government and by the …
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Relationship Between Adolescent Behavior And Civic Engagement
… in a political community - is the heart of constitutional democracy and a free society. Knowledge of the rights, responsibilities, and privileges are the electrical impulses that keep a steady beat. Without the participation of educated citizens, a democratic republic can not and does not …
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Roman Catholic Hegemony and Religious Freedom : a Seventh-day Adventist assessment of Dignitatis Humanae.
… within a pluralistic society founded upon a constitutional democracy. By examing Dignitatis Humanae from a Seventh-day Adventist understanding of religious freedom, this dissertation contributes to a more profound dialogue regarding religious freedom as held by Seventh-day Adventists and …
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Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?
Prior to the advent of the Constitution and constitutional democracy land policies of the apartheid state secured resource ownership and control of land exclusively for the white minority, whilst dispossessing large communities of black, coloured and Asian people and banishing them to designated …
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Analysis of the impact the judicial service commission has on judicial legitimacy in South Africa through the appointment and accountability processes
… has been a vital component in upholding constitutional democracy in South Africa. Along with the Constitution came new ways of appointing judges and holding them accountable. This is done by the Judicial Service Commission (JSC). The appointment and accountability processes are both …
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The Constitutional Theory and the Legal Regulation of Political Parties in India
Indian constitutional democracy is unimaginable without political parties. Yet, parties have received hardly any attention in Indian constitutional or legal scholarship. To bridge this conspicuous gulf, this thesis studies the constitutional theory and the legal treatment of political parties in …
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