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 79 for “"judicial review"”.
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The judicial review of CCMA awards in South Africa
… Mediation and Arbitration (“CCMA”). A right to review the outcome thereof rests with the Labour Court. Prior to the enactment of the LRA an employee had the right to appeal the outcome of the Industrial Court. The appeal process has subsequently been replaced with a review. The grounds for …
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Debating the theoretical basis for judicial review: A hermeneutical study
… of how we can constitutionally justify the judicial review jurisdiction of the English courts. Two competing theories are commonly posited as providing this justification: the ultra vires theory and the common law theory. This research consists of a hermeneutical analysis of these two …
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The Stillborn Constitutional Court of Qatar and Judicial Review : a Clash Between the Executive and Judiciary ; a Comparative Study in Islam, Egyptian, American, Kuwaiti, and U.A.E. Models of Judicial Review
… Court, in which there was no sign of any case reviewed by the Constitutional Court on constitutional matters. This study aims to compare the stillborn Qatari model of judicial review to the Islamic, modern Arab countries of Egypt, Kuwait, and U.A.E, as well as the U.S.A. models of judicial …
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The possibilities of institutional dialogue in South Africa through weak form judicial review
… these arms of government, and it has vested the judicial authority in the courts and conferred strong judicial review powers upon the Constitutional Court. The head of executive has recently argued that “the powers conferred on the courts cannot be regarded as superior to the powers resulting …
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Constitutional Compacts and Judicial Review in Spain, South Korea and Colombia: a Comparative Approach
In the last quarter of the twentieth century Spain, South Korea, and Colombia were immersed under specific circumstances of institutional crisis. At these three countries, society and leaders combined undertook the task to solve said crisis. Part of the foreseen solution involved, in general, the …
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Separating Law-Making from Sausage-Making: The Case for Judicial Review of the Legislative Process
… scholars alike to the idea that courts should review the lawmaking process. This doctoral dissertation challenges this prevalent position, and establishes the case for judicial review of the legislative process. The dissertation develops the arguments for the authority of courts to review the …
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The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988
… by the Brazilian Constitution of 1988 impacts judicial review. In order to address this central question, this work was structured in three sub-questions designed to study specific federalism constitutional options pertinent to all distinct levels of Brazilian federalism, namely: federal union, …
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Judicial Review, Climate Change and Argumentation: The Case R (on the application of ClientEarth) v Secretary of State for Business, Energy and Industrial Strategy and Drax Power Ltd.
… in the UK have increasingly turned to judicial review as a means of holding government to account. But judicial review remains highly contested, dividing campaigners, politicians and legal practitioners over its democratic legitimacy, and indeed its effectiveness, in scrutinising …
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Analisis putusan judicial review Mahkamah Konstitusi No. 46/PUU-VII/2010 terhadap pasal 43 ayat (1) UU No.1 Tahun 1974 mengenai hak keperdataan anak ditinjau dari asas hukum Islam
… adalah melakukan pengujian Undang –Undang (Judicial Review), Tepatnya pada jum’at 17 Februari 2012 Mahkamah Konstitusi membacakan putusannya atas Perkara No. 46/PUU-VIII/2010 tentang Perkara Permohonan Pengujian pasal 43 ayat (1) Undang- Undang Nomor 1 Tahun 1974 tentang Perkawinan terhadap …
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The role of courts in regulatory policy: The case of telecommunications regulation
… in regulatory policy by means of statutory judicial review, and a theory of statutory judicial review is needed to account for judicial behavior in this respect. The theory this essay presents structures statutory judicial review as a game in which players try to materialize their motives as …
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Towards similar standards of judicial protection against administrative action in England and Germany? : a comparison of judicial review of administrative action and the liability of public authorities under the influence of European laws
… preparation of a transnational approximation of judicial review mechanism for the establishment of comparable levels of judicial protection in Europe. These results may be useful for future developments of a common system of judicial review across Europe, even though these results may only …
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Judicial review of revenue authority decisions in a specific tax treaty context – a study of the extent of convergence in the reasoning of different courts reviewing revenue authority decisions under model-based tax treaties
… minor dissertation analyses how different courts review the exercise of discretion under specific model-based tax treaty clauses that confer wide decision-making powers to officials. The aim is to identify whether there is convergence in argument that may be of relevance to other courts for the …
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Never again: section 24 of the interim constitution and administrative law in South Africa
… six categories) that have limited the scope of judicial review at common law before the Constitution. The analysis of the effect of section 24 will demonstrate the important (albeit limited in some respects) role that judicial review has to play in the achievement of the new democracy in South …
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Unlocking the revolutionary potential of Kenya's constitutional right to fair administrative action
… (FAAA), which gives content to the grounds for judicial review and outlines the relevant procedure. But despite this, Kenyan courts have in most cases failed to give meaningful effect to the revolutionary potential of Article 47. In such cases, courts often revert to the limited and outmoded …
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Private parties and the revised standing criteria under article 263 TFEU: dawn of effective judicial protection or a false one?
… standi criteria in Article 263(4) TFEU on the EU judicial review system and its compliance with the right of private parties to effective judicial protection. The force of the criticism against the EU judicial review system focused upon the restrictive interpretation of the standing criterion of …
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Basic rights and disagreement: is persistent disagreement about basic rights a reason to specify rights by democratic procedures?
… the legitimacy of political liberalism and judicial review. If citizens persistently and reasonably disagree about basic rights, how can any state adopt laws that all citizens can reasonably accept? Why can a handful of judges impose their beliefs about rights on other citizens? I develop a …
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