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Browsing Masters Degrees (Public Law) by Title

Browsing Masters Degrees (Public Law) by Title

Now showing items 1-20 of 32

Die aard van borgverrigtinge met spesifieke verwysing na die toepassing van die reels van die bewysreg op sodanige verrigtinge

Hendriks, Renette (Stellenbosch : Stellenbosch University, 2004-04)

ENGLISH ABSTRACT: When evaluating a bail application, the court must take into consideration the interests of the accused against those of the community. The main goal of this assessment is to find a balance between ...
Access to justice for non-citizens : a constitutional analysis

Matshakaile, Thabani Nkosiyapha (Stellenbosch : Stellenbosch University, 2014-04)

ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, ...
Administrative justice and tribunals in South Africa : a commonwealth comparison

Armstrong, Gillian Claire (Stellenbosch : Stellenbosch University, 2011-12)

ENGLISH ABSTRACT: In the field of administrative law, the judiciary has traditionally exercised control over the administrative actions of the executive through judicial review. However, judicial review is neither the most ...
The admissibility of a case before the International Criminal Court : an analysis of jurisdiction and complementarity

Denecke, Jan (Stellenbosch : Stellenbosch University, 2002-03)

ENGLISH ABSTRACT: The permanent International Criminal Court (ICC) will come into operation after the 60th ratification of the Rome Statute of the International Criminal Court of 1998. The ICC will have jurisdiction ...
The child's right against exploitation in the form of pornography on the Internet : a South African perspective

Van der Westhuizen, Lize (Stellenbosch : Stellenbosch University, 2001)

ENGLISH ABSTRACT: With the arrival of the Internet, the availability of pornography, and especially child pornography, has increased tremendously. This rapidly developing technological wonderworld has brought the dark ...
Consenting to objectifying treatment? Human dignity and individual freedom

Fick, Sarah Johanna (Stellenbosch : Stellenbosch University, 2012-03)

ENGLISH ABSTRACT: The purpose of this study was to determine whether an individual can and/or should be allowed to consent to objectifying treatment. This necessitated the determination of the meaning of dignity, the ...
Constitutionality of the rules governing sectional title schemes

van der Merwe, Zerlinda (Stellenbosch : University of Stellenbosch, 2010-12)

ENGLISH ABSTRACT: Various types of rules govern many areas of life in a sectional title scheme. The Sectional Titles Act 95 of 1986 prescribes model management and conduct rules in its regulations. Other non-prescribed ...
Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet

Helmholz, Niels (Stellenbosch : Stellenbosch University, 2002-12)

ENGLISH ABSTRACT: This dissertation examines the conclusion of contracts on the Internet in English and South African law on the one hand, and German law on the other. Because these legal systems have not developed ...
Criminal liability of Internet providers in Germany and other jurisdictions

Funk, Antje Elisabeth Margarete (Stellenbosch : Stellenbosch University, 2004-12)

ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as ...
A delicate balance : equality, non-discrimination and affirmative action in Namibian constitutional law, as compared to South African and U.S. constitutional law

Cassidy, Elizabeth Ann Kandravy (Stellenbosch : Stellenbosch University, 2002-12)

ENGLISH ABSTRACT: This thesis examines the constitutional law of equality, non-discrimination and affirmative action in Namibia, and compares it to that of South Africa and the United States. Namibian judicial interpretation ...
Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security

Du Plessis, Madri (Stellenbosch : Stellenbosch University, 2004-03)

ENGLISH ABSTRACT: This study exammes, m stages of development, the existing law regarding humanitarian intervention, problems in respect of this law and cases of intervention. More specifically, intervention in human ...
An evaluation of the transformation of public service delivery through the development of administrative justice in South Africa

Monyakane, Mampolokeng Mathuso Mary-Elizabeth (Stellenbosch : University of Stellenbosch, 2007-12)

In order to test whether South African public service fulfills democratic aims and objectives, this study establishes the limits to and extent of the Promotion of Administrative Justice Act 3 of 2000 (the PAJA) in promoting ...
Die gelding van die volkereg in die Suid-Afrikaanse reg

Bezuidenhout, A. E. M. (Anna Elizabeth Martha) (Stellenbosch : Stellenbosch University, 1990-12)

ENGLISH ABSTRACT: According to Rumpf£ CJ in the Nduli decision, Roman-Dutch law is the fons et origo of the statement that customary international law is part of South African law. His sources, Fran~ois and Huber, are ...
The history, development and future of public nuisance in light of the Constitution

Samuels, Alton Ulrich (Stellenbosch : University of Stellenbosch, 2010-12)

ENGLISH ABSTRACT:The objective of this thesis is to establish whether the notion of public nuisance has a legitimate purpose in post-apartheid South African. Public nuisance originated in English law in the 12th century ...
International law in the interpretation of sections 25 and 26 of the Constitution

Slade, Bradley Virgill (Stellenbosch : University of Stellenbosch, 2010-12)

ENGLISH ABSTRACT: The protection of human rights is one of the main aims of international law. Since the Second World War, the United Nations and various other international organs have recognised the protection of human ...
The interpretation and effect of section 197 of the Labour Relations Act 66 of 1995

Jones, Jonathan (Stellenbosch : Stellenbosch University, 2001-12)

ENGLISH ABSTRACT: Section 197 of the Labour Relations Act 66 of 1995 ensures the transfer of a contract of employment from an old employer to a new employer on the transfer of a business as a gomg concern. Although ...
Lateral and subjacent support

Boyd, Kudakwashe (Stellenbosch : University of Stellenbosch, 2009-12)

ENGLISH ABSTRACT: The first part of this thesis deals with the right of lateral and subjacent support and explains how it should be applied in South African law. The thesis illustrates how the neighbour law principles ...
The legal regulation of construction procurement in South Africa

Anthony, Allison Megan (Stellenbosch : Stellenbosch University, 2013-03)

ENGLISH ABSTRACT: In order for the government to function, it needs goods and services. It may acquire these goods and services by using its own resources, or by contracting with outside bodies. The latter method is ...
The lessor’s tacit hypothec : a constitutional analysis

Siphuma, Nzumbululo Silas (Stellenbosch : Stellenbosch University, 2013-12)

ENGLISH ABSTRACT: The lessor's tacit hypothec improves the chances of the lessor to recover rent in arrears. This real security right arises by operation of law and attaches to the lessee's movable property found on the ...
A normative approach to state secession : in search of a legitimate right to secede

Lenong, Jentley (Stellenbosch : Stellenbosch University, 2013-12)

ENGLISH ABSTRACT: Secession is one of the oldest and probably more controversial themes of public international law. The potential of a right to secede draws even more controversy amongst international law scholars and ...