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 22 for “"judicial interpretation"”.
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The institutionalization of citizen participation in the Clean Air Act
… impact on CIG behavior of tax subvention, the judicial interpretation of standing and fee-shifting, and EPA implementation of provisions for citizen participation in the Clean Air Act is assessed. Los Angeles is employed as a case study in order to focus on the impact of the above-mentioned …
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INTERNATIONAL LAWMAKING: EXPORT RESTRICTIONS ON MINERAL RAW MATERIALS
… on a legal analysis of the texts, effects, and judicial interpretation of the WTO regulations on export restrictions and on the procedural context in which regional trade agreements are framed. Third, the thesis analyzes the effectiveness of ongoing reforms and proposals tabled both within and …
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Constitutional privacy: The evolution of a doctrine
… over a century of common law precedent and judicial interpretation has authorized certain personal activities as being outside the scope of governmental regulation. The constitutional defense of such freedoms have been regarded as Fourteenth Amendment due process guarantees to life, liberty, …
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The Mythic Underpinnings of Originalism: A Rhetorical and Legal Analysis
… show how originalist rhetoric transforms judicial interpretation into ritual performance and mythic restoration. This analysis provides a critical framework for understanding originalism’s enduring power in American legal and political discourse.
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The law and practice of the Registered Land Act 1963 :a comparative study
… 1925. This thesis considers the extent to which judicial interpretation of the provisions of the Land Registration Act 1925 can assist in solving some of the problems created by the provisions of the Registered Land Act 1963. It is contended that the Registered Land Act has failed to provide a …
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The usefulness (or otherwise) of the concept of
… discussion reveals the cause of ambiguities in judicial interpretation (and through this the effect of avoidance legislation) of schemes which cause tax to be avoided - which is found in policy considerations. The South African anti-avoidance common law and legislation is described. A spotlight …
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Rights to land, fragmentation and fairness: the problem of transnational legal governance for indigenous groups
… ‘transnational governance processes’ within judicial interpretation and development project spaces that resonate with colonial agricultural arguments and ultimately, compromise availability and effectiveness of land rights. Concluding suggestions explore what special measures might advance …
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The interpretation of the law on frustrated contracts in the British and Zambian legal system
This dissertation basically considers the interpretation of the law on frustrated contracts in the British and Zambian legal systems, focusing primarily on how the Zambian Legal system can improve its law on frustrated contracts as well as its application and interpretation without heavy reliance …
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Culture, crystallisation and courtrooms: the legal challenges presented by the criminalisation of child soldier recruitment
… of the crime of child soldier recruitment to judicial interpretation, and this thesis asks how the international legal institutions - namely the Special Court for Sierra Leone and the International Criminal Court - have handled the challenges presented by this new crime. These challenges have …
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Comparative Study on Patent Claim Interpretation: the United States and China
… focuses on a comparative study of claim interpretation in the United States and China and addresses the question of whether the law of claim interpretation functions similarly or differently in the two countries. To examine the law in the United States, this dissertation mainly focuses on …
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The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis
… constitute the most important source of judicial interpretation of the Regulations; secondly, since the Collision Regulations do play a part in the determination of civil liability, the role of private law as an indirect means of enforcement of the Regulations cannot be ignored. The …
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The statutory derivative action under the Companies Act of 2008: guidelines for the exercise of the judicial discretion
… frivolous, vexatious or without merit. The vital judicial discretion to grant leave to an applicant to bring a derivative action entails a tension between two equally important policy objectives. A proper balance between these two underpinning policy objectives depends on the appropriate judicial …
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Superintendents' Perceptions of Educational Finance in Georgia
… educational finance was examined as well as the judicial interpretation of the purviews of equity, equality and adequacy.</p> <p>In light of the foundation of educational finance, the issue of education finance in the state of Georgia is analyzed. Three phases have been delineated in the …
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The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion
… system with the doctrine of stare decisis (i.e., judicial precedents). This doctrine has shaped the context of judging in Nigeria, especially as strict adherence to precedent somewhat impacts the use of judicial discretion in the interpretation of statutes. Judging is not static and does not …
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Enforcing foreign arbitral awards in Indonesia: Overcoming disharmony between international and domestic laws
… organisations; and ensuring the quality of the judicial interpretation of law (i.e. discretion of judges). (b) Long-term goals: a monist system for Indonesia may place the country in a better position than does the current dualist system, and support the development of the country’s arbitration …
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The problematic nature of unregistered trademarks: an insight of Zambian law with comparative lessons from the South African jurisdiction
… trademark laws and somewhat lack of precise judicial interpretation of the law itself. Both Zambia and South Africa practice a dual legal system, where Common law and statutory rights are recognised and enforced simultaneously. With this Common law commonality between the two countries, it …
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The Hermeneutical Reality of Constitutional Law: Understanding the Legality of Constitutional Adjudication
… Constitutional norms, legal reasoning and judicial interpretation may be visible on the surface, but they are to be explained away by appeal to supposedly more fundamental political forces. An important constitutional theoretical question arises at this point: Between the legal and the …
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The critical role of affected persons in successfully rescuing the company
… of the affected person arises as a result of the judicial interpretation of section 154, wherein courts held different views regarding the position of persons who have stood as sureties for the companies that have subsequently been placed under business rescue. The idea to criticise the statutory …
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The legal implications of customary law adoptions in South Africa
… cultural considerations, and a lack of uniform judicial interpretations and other views, including interpreting customary law adoptions as informal or de facto , even under the Constitution . Determining the legal implications of customary law adoptions would require conceptualisation through …
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