Browsing Doctoral Degrees (Public Law) by Title

Now showing items 1-20 of 29

    • Acquisitive prescription in view of the property clause 

      Marais, Ernst Jacobus (Stellenbosch : Stellenbosch University, 2011-12)
      ENGLISH ABSTRACT: Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. Prescription is mostly regarded as an unproblematic area of South African ...

    • Ancillary rights in servitude law 

      Van Staden, Sonja (Stellenbosch : Stellenbosch University, 2015-12)
      ENGLISH ABSTRACT :Servitudes are regulated in South African law by the principles of the common law. One set of principles regulate servitudes ex ante – limiting and controlling the establishment of servitudes. Another set ...

    • An assessment of constitutional guarantees of religious rights and freedoms in South Africa 

      Gildenhuys, J. L. (Stellenbosch : Stellenbosch University, 2002-03)
      ENGLISH ABSTRACT: The central issue which is considered in this thesis is the meaning of the constitutional guarantees of religious rights and freedoms in South Africa. In other words, it is concerned with the functions ...

    • A capabilities approach to the judicial review of resource allocation decisions impacting on socio-economic rights 

      Van Der Berg, Shanelle (Stellenbosch : Stellenbosch University, 2015-12)
      AFRIKAANSE OPSOMMING : Die verwesenliking van sosio-ekonomiese regte, dikwels deur middel van administratiefreg, is ʼn voorvereiste van kritieke belang vir die transformasie van die Suid Afrikaanse samelewing. Hulpbronne ...

    • Compensation for excessive but otherwise lawful regulatory state action 

      Bezuidenhout, Karen (Stellenbosch : Stellenbosch University, 2015-03)
      ENGLISH ABSTRACT : Section 25 of the South African Constitution authorises and sets the limits for two forms of legitimate regulatory interference with property, namely deprivation and expropriation. The focus of this ...

    • Compensation for expropriation under the constitution 

      Du Plessis, Wilhelmina Jacoba (Elmien) (Stellenbosch : University of Stellenbosch, 2009-03)
      Since the advent of constitutional democracy in 1994 South African courts have been faced with new interpretive imperatives.

    • A constitutional analysis of access rights that limit landowners' right to exclude 

      Dhliwayo, Priviledge (Stellenbosch : Stellenbosch University, 2015-12)
      ENGLISH ABSTRACT : The right to exclude is portrayed either in a strong-absolute sense or a qualified sense. According to the South African doctrinal notion of ownership, ownership and the right to exclude are exercised ...

    • The Constitutional Property Clause and Immaterial Property Interests 

      Kellerman, Mikhalien (Stellenbosch : University of Stellenbosch, 2011-03)
      ENGLISH ABSTRACT: The question that this dissertation addresses is which immaterial property interests may be recognised and protected under the constitutional property clause and if so, under which circumstances. The ...

    • The constitutionality of pornography 

      Van der Poll, Letetia (Stellenbosch : Stellenbosch University, 2001-12)
      ENGLISH ABSTRACT: The advent of a constitutional democracy in South Africa after the first non-racial democratic elections in 1994 and the subsequent adoption of a final constitution in 1996 introduced a legal order ...

    • Courts, socio-economic rights and transformative politics 

      Brand, Jacobus Frederick Daniel (Danie) (Stellenbosch : University of Stellenbosch, 2009-03)
      ENGLISH SUMMARY: The point of departure of this dissertation is that transformation in South Africa depends on transformative politics – extra-institutional, substantive, oppositional, transformation-oriented politics. One ...

    • Distribution of financial resources and constitutional obligations in decentralised systems a comparison between Germany and South Africa 

      Brand, Dirk Johannes (Stellenbosch : University of Stellenbosch, 2005-12)
      In this dissertation a comparative study is made of the constitutional accommodation of the distribution of financial resources and constitutional obligations to the various spheres of government in Germany and South Africa. ...

    • Equality of arms and aspects of the right to a fair criminal trial in Botswana 

      Cole, Rowland James Victor (Stellenbosch : University of Stellenbosch, 2010-03)
      ENGLISH ABSTRACT: The guarantee of a fair trial is fundamental to the criminal process of every modern society. Like all civilised nations, Botswana’s legal order provides for the protection of accused persons through ...

    • Human rights and the rule of law in Rwanda : reconstruction of a failed state 

      Sahinkuye, Mathias (Stellenbosch : Stellenbosch University, 2000-12)
      ENGLISH ABSTRACT: Human rights denials have more characterised Rwandan history than their promotion and protection. When the Rwandan State emerged from Tutsi domination and colonialism, many Rwandans hoped that the era ...

    • A hundred years of demolition orders : a constitutional analysis 

      Strydom, Janke (Stellenbosch : Stellenbosch University, 2012-03-07)
      ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) ...

    • The impact of Section 26 of the Constitution on the eviction of squatters in South African law 

      Muller, Gustav (Stellenbosch : Stellenbosch University, 2011-12)
      ENGLISH ABSTRACT: This dissertation considers the housing rights of unlawful occupiers in the post-1994 constitutional dispensation. Section 26 of the Constitution of the Republic of South Africa, 1996 affords everyone ...

    • Individual criminal liability for the international crime of aggression 

      Kemp, Gerhard (Stellenbosch : University of Stellenbosch, 2008-03)
      Aggression is regarded as one of the core crimes under customary international law, but the definition of aggression is still contentious. At present there is no international instrument that provides for effective individual ...

    • Investigating an alternative administrative-law system in South Africa 

      Maree, Petrus Jacobus Hermanus (Stellenbosch : Stellenbosch University, 2013-12)
      ENGLISH ABSTRACT: This dissertation considers the question whether there are viable alternatives to the conceptual framework within which the South African administrative-law system operates, given that the administration ...

    • The justification of expropriation for economic development 

      Slade, Bradley Virgill (Stellenbosch : Stellenbosch University, 2012-12)
      ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public ...

    • The justifications and limits of affirmative action : a jurisprudential and legal critique 

      Nel, Erin Leigh (Stellenbosch : Stellenbosch University, 2011-12)
      ENGLISH ABSTRACT: Affirmative action with its wide array of manifestations, ranging from BEE (Black Economic Empowerment) to special measures within the Public Procurement sector, was intended to aid South Africa in ...

    • A legal perspective on the power imbalances in the doctor-patient relationship 

      Le Roux-Kemp, Andra (Stellenbosch : University of Stellenbosch, 2010-03)
      ENGLISH ABSTRACT: The unique and intimate relationship that exists between a medical practitioner and his/her client is possibly one of the most important relationships that can come into being between any two people. This ...