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Showing 1 to 20 of 66 for “"constitutionality"”.
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The constitutionality of the Maiden Bursary
… Therefore, this thesis unpacks the constitutionality and assesses the extent to which the bursary may limit constitutional rights such as equality and dignity. This thesis roots its argument on case law, legislation, and existing literature on virginity testing.
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About the constitutionality of mandatory minimum sentences
As difficult as the task of reaching a reliable verdict may be, the second half of a criminal court's procedure, that of imposing sentences on those who have been found guilty or who have themselves admitted their guilt raises even more fundamental questions. What are we trying to do, what is the …
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The Constitutionality of Dress Code and Uniform Policies
… to delineate the criteria for determining the constitutionality of public school dress codes based on an examination of relevant case law. The study addresses the following underlying questions: (1) Do students have a constitutional right to freedom of choice regarding their personal dress and …
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Let’s Win Madrid: Radical Democracy and Prefigurative Constitutionality in the New Municipalism
The thesis proposes prefigurative constitutionality as a novel approach to the production of constitutional and political theory and the study of non-state political actors in the context of strategies for radical democracy. Prefigurative constitutionality requires a bespoke understanding of …
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Validity and Constitutionality of Inter Parte Reviews Before the U.S. Supreme Court
<p>For 400 years, courts have adjudicated disputes between private parties about the validity of patents. Inventors apply for patents to an administrative agency. Patent examiners review the application to determine whether or not an idea is valid to have a patent issued. Patent examiners are …
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The Constitutionality of Ex Post Facto Authorisation for Environmentally Harmful Activities in South Africa
Environmental activities that have been listed as harmful under the National Environmental Management Act (NEMA) must be authorised prior to commencement in South Africa. The process of authorisation (EA) requires an Environmental Impact Assessment (EIA) to be commissioned before a listed activity …
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The constitutionality of sections 88 and 90 of the Customs and Excise Act 91 of 1964
… is evident from the content of this paper, the constitutionality of any action in terms of the relevant sections of the Customs and Excise Act 91 of 1964 will almost always depend on the circumstances of the individual case. It is therefore of the utmost importance that an administrator applies …
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Tévhitek az autonómiáról: Székelyföld autonómiájának alkotmányossága = Misbeliefs about Autonomy: The Constitutionality of the Autonomy of Szeklerland
… material ratified by Romania. The issue of the constitutionality of territorial autonomy within Romania emerges every now and then, depending on the political discourse in the country, but extensive scientific scrutiny has so far avoided the topic. In this respect, the novelty of my theoretical …
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The constitutionality of the Illinois Waiver of Educational Mandates Act: Legislative use of the joint resolution
In February 1995, the Illinois General Assembly enacted Public Law 89-3 entitled the Illinois Waiver of Educational Mandates Act (Act). The purpose of the Act was to provide individual school districts the opportunity to modify or waive certain provisions of the Illinois School Code or State Board …
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Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town
This research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits …
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An Evolving Standard of Decency: Examining the American Juvenile Justice System and the Constitutionality of Youth Incarceration
<p>The United States incarcerates more children and adolescents than any other developed nation in the world. Studies have shown that juvenile detention is generally ineffective at rehabilitating delinquent youth, which places the practice at odds with the stated intent of modern juvenile justice. …
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Unintended consequences of legislation : an inquiry into the constitutionality of Section 194 of the Labour Relations Act
… dissertation will then go on to inquire into the constitutionality within the context of section 194 - ultimately, the conclusion is that the current interpretation which quantifies compensation solely in terms of remuneration, as well as the text of the limitation on compensation that limits in …
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The Constitutionality of Permission to Occupy as Opposed to the Deed of Grant and Title Deed under South African Law
… to some fundamental issues, such as the constitutionality of permission to occupy (PTO) vis a vis the deed of grant regarding land tenure, remain elusive. Although PTO is widely utilised as evidence of title to land ownership, a landholder with a PTO is insecure. This is so because PTO …
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Judicial politics in the Privy Council: a legal analysis of its impact on the constitutionality of the death penalty in the Commonwealth Caribbean
… which the Privy Council decision making on the constitutionality of the death penalty in the Commonwealth Caribbean influenced by judicial politics. This issue is extant to the Commonwealth Caribbean society and therefore a legal analysis of it is necessary to generate new insights into the …
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Ο ΠΟΛΙΤΙΚΟΣ ΕΛΕΓΧΟΣ ΤΗΣ ΣΥΝΤΑΓΜΑΤΙΚΟΤΗΤΑΣ ΤΟΥ ΝΟΜΟΥ. ΜΕΛΕΤΗ ΣΥΓΚΡΙΤΙΚΟΥ ΣΥΝΤΑΓΜΑΤΙΚΟΥ ΔΙΚΑΙΟΥ ΚΑΤΑ ΤΟ ΔΙΚΑΙΟ ΤΗΣ ΕΛΛΑΔΑΣ, ΤΗΣ ΓΑΛΛΙΑΣ ΚΑΙ ΤΗΣ ΟΜΟΣΠΟΝΔΙΑΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΗΣ ΓΕΡΜΑΝΙΑΣ
… ONE OF THEM IS THE POLITICAL REVIEW OF THE CONSTITUTIONALITYOF LAWS. WHAT PROCEEDINGS OF CONSTITUTIONAL REVIEW OF LAWS CAN BE QUALIFIED ASPOLITICAL CANNOT BE DETERMINED ON THE BASIS OF THE CLASSICAL CRITERIA (ORGAN/FUNCTION) BUT ON THE BASIS OF A "BUNCH OF INDICATIONS" THAT GO BACK TO THE …
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The constitutionality of the Disaster Management Act and the Covid-19 regulations enacted thereunder: does this regulatory regime contravene the right to just administrative action?
his paper covers the constitutionality of the Disaster Management Act known as the Covid19 regulations. It will argue that to keep in line with an open and transparent government in a participatory democracy, we needed a more open and public regulation making process which was less truncated. It …
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The distribution of retirement fund death benefits: an analysis of the equitability and constitutionality of Section 37C of the Pension Funds Act 24 of 1956
In 1976, the legislature introduced a far-reaching amendment to the Pension Funds Act. The amendment was the insertion of s37C into the Act. Section 37C effected a fundamental change to the law of succession and the principle of freedom of testation. It did so by removing what, for many, is their …
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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
… concealed guns. The study questions that Constitutionality of permitting police officers the use of such CWDT, and the Constitutionality of one's voluntary forfeiture of a Constitutional right to permit such use. Data collected for the study is from 100 residents of Madison, Wisconsin, and …
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STREET CHECKS AND CANADIAN YOUTH: A CRITICAL LEGAL ANALYSIS
… manner and raise concerns about the constitutionality of the practice. Others argue that street checks are an important investigative tool that contributes to public safety. Unfortunately, absent from most of these debates is a discussion about the impact of street checks on youth, …
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Burying the Ghosts of a Complainant’s Sexual Past: The Constitutional Debates Surrounding Section 227 of the Criminal Procedure Act 51 of 1977
… the accused. There has been no challenge to the constitutionality of section 227 before a court yet. However, there are numerous rumblings of discontent at the consequences of a provision that restricts evidence that could be necessary to prevent a wrongful conviction. This paper seeks to …
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