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 55 for “"constitutional right"”.
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Constitutional Right to Same-Sex Marriage
… Supreme Court. Therefore, same-sex marriage is constitutional.
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The Second Amendment and the Constitutional Right to Self-Defense
… understood, the Second Amendment protected a right to keep and bear arms closely linked to and dependent upon service in the lawfully established militia. Two recent United States Supreme Court decisions, Heller v. District of Columbia and MacDonald v. City of Chicago, depart from this …
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Unlocking the revolutionary potential of Kenya's constitutional right to fair administrative action
… is its explicit 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 …
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The constitutional right to adequate housing for women in Uganda: problems and prospects
Uganda is one of the world’s Least Developed Countries (LDCs).1 This status marks it out as exhibiting particularly unpromising indicators on a range of internationally stipulated socio-economic parameters. On the other hand, it has one of the highest population growth rates in the world, which two …
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Section 26, Grootboom, and breaking new ground : South Africa's constitutional right to housing in theory and practice
Includes abstract Includes bibliographical references (leaves 110-117).
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An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing
… 2013 does not expressly guarantee every person a right to have access to adequate housing. However, the Government of Zimbabwe has an international legal obligation to achieve the progressive realisation of the right to have access to adequate housing by everyone in the country. This obligation is …
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When does the conduct of an employer infringe on an employee's constitutional right to privacy when intercepting or monitoring electronic communications?
… likelihood of an infringement of an employee's right to privacy by an employer in the process of intercepting the latters electronic communications. It is argued that there is no explicit provision of the protection of the right to privacy that is provided in the LRA. It is further argued that …
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The reasonableness approach of the South African Constitutional Court - making the constitutional right of access to housing "real" or effectively meaningless?
… African Constitution explicitly guarantees the right of access to housing (section 26 of the Constitution). To consider whether the state has fulfilled its positive obligations to take appropriate steps to realise the right of access to housing within its available resources, the Constitutional …
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Let's not wait until a crisis for change to occur: a critical analysis of patent law in South Africa and its role in (not) fulfilling the constitutional right to health
The right to health is enshrined in international treaties and under section 27 of the Constitution of the Republic of South Africa. It has been established that access to affordable medicines is a fundamental element to its realisation. Research has identified patent law as a potential barrier to …
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The 'pay now argue later' principle in South African Tax Law: its development, operation, comparison to South African civil debt enforcement and consistency with the constitutional right of access to courts
… 1996 (the Constitution), specifically the right of access to courts. The underlying theme of this research is the recognition of taxpayers' rights in South Africa, specifically the interplay between the powers of the fiscus and the rights of taxpayers. In order to achieve the abovementioned …
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Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest
… Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad parts. The first part demonstrates two …
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The use of social media sites to obtain information on job applicants in the recruitment process
… of the Republic of South Africa provides for the right to privacy. This constitutional right includes the right not to have one’s person or home searched; one’s property searched, and one’s possessions seized. In addition, the right to privacy includes the right not to have the privacy of …
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An Analysis of the Correlation Between the Attitude, Belief, Opinion, and Demographic Components of Voluntary Forfeiture of One's Fourth Amendment Constitutional Right in Order to Permit Police Officers the use of New Concealed Weapons Detection Technology
… to voluntarily forfeit their Fourth Amendment Constitutional rights to permit the use of the new Concealed Weapons Detection Technology ("CWDT"). The new CWDT, as described in this study is capable of performing hands-off, non-intrusive body searches for contraband such as plastic explosives, …
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An evaluation of the recourse available to taxpayers where SARS does not adhere to the correct tax administrative procedures
… tax professionals, which infringes on taxpayers’ constitutional right to just administrative action. This dissertation aims to make taxpayers and tax professionals more aware of their right to just administrative action which entitles taxpayers to administrative action and interactions with SARS …
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A Comparative Study of the Constitutional Jurisprudences of Information Privacy in Germany, the United States, and Taiwan
… I argue that an individual should enjoy a constitutional right to information privacy against the government's unreasonable collection, processing, and uses of personal information. Information privacy deserves constitutional protection because it not only secures one's autonomy in personal …
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Examining systemic and dispositional factors impacting historically disenfranchised schools across North Carolina
… where the NC Supreme Court recognized the state constitutional right for every student to access a “sound basic education.” The final qualitative analysis consisted of five interviews of current NC public school system leaders, for personal narratives of the state of NC schools compared to …
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The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
… the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The …
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Analyzing the Overturning of Roe vs Wade on Twitter using Natural Language Processing Techniques
… Court (SCOTUS) case of Roe vs. Wade provided the constitutional right<br />to abortion. However, on May 2, 2022, Politico magazine leaked the draft opinion on the Dobbs v. Jackson Women’s Health Organization. The leak generated a surge of users to post their opinion on the case that would …
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Addressing the Inequities in Access to Reproductive Healthcare for Gay Male Couples
… Court should extend the currently recognized constitutional right to reproduce. This extension would allow the current right to reproduce to encompass a negative right to access reproductive healthcare. The Supreme Court should declare that all United States ci tizens should be able to access …
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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
A constitutional analysis of a differentiated tax treatment of residents and non-residents in respect of income deriving from immovable property in South Africa', Daniel Baines explores whether South African resident taxpayers' constitutional rights to equality and property are infringed by current …
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