Browsing Masters Degrees (Public Law) by Title
Now showing items 1-20 of 70
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Die aard van borgverrigtinge met spesifieke verwysing na die toepassing van die reels van die bewysreg op sodanige verrigtinge
(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 ... -
The absence of a system of internal controls in South African Administrative Law, in light of Section 7(2) of the Promotion of Administrative Justice Act 3 of 2000
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: Section 33 of the Constitution envisions a lawful, reasonable and procedurally fair manner of obtaining administrative justice. Coupled with the project of Transformative Constitutionalism, which seeks ... -
Access to justice for non-citizens : a constitutional analysis
(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
(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
(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 admissibility of unconstitutionally obtained evidence : issues concerning impeachment
(Stellenbosch : Stellenbosch University, 2005-05)ENGLISH ABSTRACT: The law regarding the admissibility of unconstitutionally obtained evidence for impeaching the accused's testimony is still undeveloped. This work discusses three of the options available to South ... -
Advancing the constitutional goal of social justice through a teleological interpretation of key concepts in the environmental rights in section 24
(Stellenbosch : Stellenbosch University, 2014-12)ENGLISH ABSTRACT: The protection and conservation of the environment is essential for the continued existence of humankind, particularly in light of the challenges of climate change and environmental degradation. Along ... -
The allocation of resources for the realisation of women's rights : an analysis of article 26(2) of the Maputo Protocol
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: The Maputo Protocol is the leading women’s rights treaty in Africa. However, the treaty can only be effectively implemented if resources, aimed at its realisation, are generated and spent through government ... -
An analysis of the Separation of Powers Doctrine in Housing Rights Remedies Jurisprudence
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: The remedy issued by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has been criticized for being overly deferential. ... -
The Application of the Joint Criminal Enterprise Doctrine in International Criminal Law for the Prosecution of Sexual Offences
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT : The aim of my thesis is to test Haffajee‟s propositions in order to determine the most suitable construction of the Joint Criminal Enterprise (“JCE”) doctrine to establish a link between an accused and ... -
The child's right against exploitation in the form of pornography on the Internet : a South African perspective
(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 ... -
Community-based mental health care for adults with psychosocial disabilities in South Africa through a right to health lens
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: There has been a shift, globally, from institutionalisation as the primary response to psychosocial disability, to community-based mental health care. This thesis sets out to determine the extent to ... -
The conceptualisation of environmental justice within the context of the South African constitution
(Stellenbosch : Stellenbosch University, 2000-12)ENGLISH ABSTRACT: The aim of this dissertation is to conceptualise the principle of "environmental justice". In doing so it attempts to determine its meaning, assess its possible use for the protection of environmental ... -
Consenting to objectifying treatment? Human dignity and individual freedom
(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 ... -
The constitutionality of religious observances in South African public schools
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : The right to freedom of religion is one of the oldest of the internationally recognised freedoms and is entrenched in section 15(1) of the Constitution of the Republic of South Africa, 1996 (“Constitution”). ... -
Constitutionality of the rules governing sectional title schemes
(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
(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 ... -
Copyright law and the Internet : in modern South African law
(Stellenbosch : Stellenbosch University, 2000-09)ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel ... -
Criminal liability of Internet providers in Germany and other jurisdictions
(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 critical analysis of the approach of the courts in the application of eviction remedies in the pre-constitutional and constitutional context
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : In the pre-constitutional era courts had a very specific approach to eviction remedies. This approach was the result of legal doctrine that regulated the concept of ownership, eviction remedies and ...
