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Dissertations / Theses on the topic 'Bill of Rights'

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Published: 4 June 2021
Last updated: 31 January 2023

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1

Thornington, Emma E. "The South African Bill of Rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0005/MQ33513.pdf.

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2

Caine, Ian (Ian Scott Roberts). "The Big Box Bill of Rights." Thesis, Massachusetts Institute of Technology, 2012. http://hdl.handle.net/1721.1/72811.

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Thesis (S.M.)--Massachusetts Institute of Technology, Dept. of Architecture, 2012.
Page 129 blank. Cataloged from PDF version of thesis.
Includes bibliographical references (p. 120-123).
On May 9, 1950, a fledgling businessman named Sam Walton bought a main street storefront in Bentonville, Arkansas and opened a discount variety store called Walton's 5 & 10. Business was good. By 2011, Walton's 5 & 10 had spawned 10,130 additional locations in 27 countries and converted a sleepy Ozark mountain town into home of the world's largest retailer: Wal-Mart Stores, Inc. The ascendance of Walmart and similar big box developers during the latter part of the twentieth century instigated a profound transformation of Bentonville's city fabric, one that paralleled a larger makeover of the suburban landscape in North America. This thesis asserts that the environment associated with one of these developments-the Walmart Home Office and Supercenter is under-performing the citizens of Bentonville in eight critical ways. The project seeks to redress the physical crisis associated with this development by proposing eight corresponding amendments to the Bentonville City Charter. These amendments are collectively known as The Big Box Bill of Rights and cover eight topics: Money, Commerce, Passage, Program, Legibility, Parking, Water, and Speech The proposed mechanism for implementing the Amendments is a Bentonville Public Works Project, to be designed and administered at the municipal level. The project contends that the massive tax subsidies provided to Walmart by local municipalities--subsidies intended to cover site infrastructure costs--constitute the license for a contemporary public works project. The proposal therefore re-imagines the site of the Walmart Home Office, and specifically the legal right-of-way along Sam Walton Boulevard, as an expanded physical and legal armature for civic and commercial life in Bentonville. Ultimately, a re-designed right-of-way will leverage contemporary growth patterns, bringing the design of civil infrastructure back into the public fold while streamlining the redundancy that results from uncoordinated private development. By critically embracing the logic of big box retail, a re-imagined Walton Boulevard can emerge as a new and robust public node in the city, reclaiming Walmart street and Walmart town for the people of Bentonville.
by Ian Caine.
S.M.
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3

Tyler, Robyn Zoe. "The impact of the bill of rights on extradition." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/830.

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The process of extradition is a vital component of International Criminal Law as a means of ensuring the suppression and prevention of international crimes. It is the internationally accepted method used by states to surrender an offender back to the state where the alleged offence was committed so that such offender can be tried and punished. Without such process, and with the ease of modern global travel, offenders would, in all likelihood be able to escape prosecution and punishment. Most organized democratic societies recognize that the suppression of crime is necessary for peace and order in society and that extradition is an effective tool to be used to bring to justice a fugitive attempting to evade the law by fleeing to another country. What follows is a discussion, firstly on the theory of extradition and secondly on the effect that human rights has had on the law of extradition. The theory of extradition involves an analysis of extradition from its ancient roots to its position in society today. With regard to extradition in South Africa, reference is made to the various periods of the country’s history. The colonial era before South Africa acquired Republican status in 1961 is referred to in order to establish a basis for the present law of extradition in South Africa. The period during the apartheid era after achieving Republican status in 1961 is discussed in order to show how and why South Africa moved away from its common law roots based on English Law. This era is also of importance as it led to the introduction of the present Extradition Act 67 of 1962. Finally the current position spanning from 1994 to the law as it stands in South Africa today, as influenced by the introduction of Constitutional law, is examined. The rule on non-inquiry is also examined in order to compare the traditional approach by states, where state sovereignty was of paramount importance, with the modern trend of emphasis being placed on fundamental human rights. The methods in terms of which extradition is accomplished, both in South Africa and internationally is also discussed. Such reference to the theory and nature of extradition is done to provide general background on the complex issue to be discussed. The crux of the treatise relates to the impact that the rise in status of fundamental human rights has had on the extradition process. Reference will be made to aspects relating to the protection of the offender’s procedural rights as well as to the protection of the individuals right to life, dignity and bodily integrity. Such examination will refer to the position in South African law as well as the position on the international front. Attention is given to developments in case law as well as to how the courts approach the tension between extradition and human rights both locally and internationally. Finally, in conclusion it is submitted that the extradition process is the most effective procedure available to return an offender to the state seeking his prosecution. The process has however, in modern times adapted to uphold the rights of the offender whose return is requested. This can be seen from the provisions included in recent treaties and conventions, most notably the European Convention on Extradition to which South Africa became a party in 2003. Extradition is clearly concerned with the balancing of the offender’s human rights and the need for effective enforcement of criminal law.
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4

Chow, Lok-ning Eric. "Policy-making in an executive-led government : an analysis of the equal opportunities bill and the human rights and equal opportunities commission bill /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1750790X.

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5

Chan, Kwong-chi Stanley. "The Hong Kong bill of rights : its legal and administration impact /." [Hong Kong : University of Hong Kong], 1993. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13552934.

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6

Houston, David. "Rethinking marriage : Vermont's Civil Union Bill." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32917.

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On April 26, 2000, Governor Howard Dean of the State of Vermont signed into law the Civil Union bill. The first of its kind in the United States, it extended the rights of marriage to same-sex couples. Holding that the rights of homosexual couples flowed from the Common Benefits clause of the State Constitution, this bill was the result of a contentious judicial and legislative process. Preceding as it did the state and national election contests later in the year, the Civil Union law generated anger, discord, elation and fear. In the year following its passage, Vermonters came to terms with this bill in many ways. This study considers the antecedents and the consequences of this bill.
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7

Siu, Kit-hung Tony, and 蕭傑雄. "The bill of rights: a burden to effective crime control." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31977777.

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8

Siu, Kit-hung Tony. "The bill of rights : a burden to effective crime control /." [Hong Kong] : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1378125X.

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9

Kasonde, Linda. "The need for justiciable socio-economic rights in the bill of rights in the Zambian constitution." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4707.

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10

Chow, Lok-ning Eric, and 周樂寧. "Policy-making in an executive-led government: an analysis of the equal opportunities bill and the human rights andequal opportunities commission bill." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31964916.

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11

Chan, Kwong-chi Stanley, and 陳廣池. "The Hong Kong bill of rights: its legal and administration impact." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31964229.

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12

Patapan, Haig. "The liberal politics of rights, changing constitutionalism and the Bill of Rights debate in Australia and Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq28034.pdf.

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13

Levy-Diener, Shirley-Anne. "The environmental rights approach under the Ontario Environmental Bill of Rights, survey, critique and proposals for reform." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ28877.pdf.

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14

McKay, Ruth. "Interorganizational responses, a qualitative study of a new Environmental Bill of Rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq22918.pdf.

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15

Mayo, Walker P. "The Federal Bill of Rights and the States before the Fourteenth Amendment." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358546.

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16

Bates, Edward. "The European Convention on Human Rights and Fundamental Freedoms 1950-2000 : the foundations to Europe's Bill of Rights." Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364446.

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17

Kirk, Jeremy. "'Implied rights' in constitutional adjudication by the High Court of Australia since 1983." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285533.

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18

Wong, Wai Lun Max. "Re-ordering Hong Kong : decolonisation and the Hong Kong Bill of Rights Ordinance." Thesis, SOAS, University of London, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423117.

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19

Мирославський, Сергій Володимирович, Сергей Владимирович Мирославский, and Serhii Volodymyrovych Myroslavskyi. "Сучасний стан проблеми додержання конституційних прав громадянина при застосуванні законодавства про вексельний обіг." Thesis, Українська академія банківської справи Національного банку України, 2006. http://essuir.sumdu.edu.ua/handle/123456789/63227.

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Характеризується сучасний стан додержання конституційних прав громадянина при застосуванні законодавства про вексельний обіг.
Characterized the current state of compliance with the constitutional rights of the citizen in the application of legislation on the circulation of bills.
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20

Siverino, Bavio Paula. "Bill for a gender identity peruvian law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117918.

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The author proposes the text for a gender identity law based on the parameters of conventionality of the Inter-American Court of Human Rights and experiences of comparative law on the basis of depathologization trans identities.
La autora propone el texto para una ley de identidad de género basado en los parámetros de convencionalidad de la Corte Interamericana de Derechos Humanos y las experiencias del derecho comparado sobre la base de la despatologización de las identidades trans.
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21

Wokekoro, Victor Dike. "Legal Boundaries : Women's Reproductive Self-determination Rights Versus Fetus's Right to Life. – An Analysis on Georgia Fetal Heartbeat Bill. (H.B.481)." Thesis, Umeå universitet, Umeå centrum för genusstudier (UCGS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-188327.

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Through the fetal heartbeat House-Bill-481, Georgia (U.S) has taken a Pro-life stance on the constitutionally enshrined women's reproductive self-determination rights versus the proposed fetus's right to life by banning abortion after six weeks of gestation. The purpose of this research was to analyze how rights are debated in the media, argued in the bill, and presented in the litigation against the bill using a thematic analysis approach guided by the concept of rights. The findings showed that Pro-choice sees the bill as an infringement of women's rights while Pro-life see it as recognizing the proposed fetus's right to life and personhood.
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22

MacLennan, Christopher. "Toward the Charter, Canadians and the demand for a national bill of rights, 1929-1960." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ42567.pdf.

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23

Gumboh, Esther. "A critical analysis of the impact of the Bill of Rights on punishment in Malawi." Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15557.

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Malawi's penal regime has a long history of retributive and deterrent punishment and unfair trials. In the absence of a constitutional set up that recognised human rights and driven by the need to maintain colonial authority, punishment during the colonial period was largely premised on retribution and deterrence. The one-party regime that took over after independence was characterised by gross violation of human rights. The adoption of the Constitution in 1994 ushered in a more humane regime of punishment premised on human rights. Complemented by international law, the Bill of Rights has several provisions which clearly intend to create a penal system that is consistent with international standards. This study examines the extent to which punishment in Malawi reflects international and constitutional standards regarding the aims of punishment, the forms of punishment, and post-sentencing procedures. In answering this question, the study investigates whether, over 20 years after the adoption of the Constitution, Malawi has realised the promises of the Bill of Rights for punishment. It therefore analyses the aims of punishment, the forms of punishment, and release procedures to determine if they comply with Constitution. The findings of this thesis reveal that while some progress has been made in aligning the penal regime with constitutional and international standards, there are some aspects of punishment that are in conflict with these standards. The study proposes some solutions to address these gaps.
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24

MacLennan, Christopher. "Toward the Charter Canadians and the demand for a national bill of rights, 1929-1960." Ottawa : National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.nlc-bnc.ca/obj/s4/f2/dsk3/ftp04/NQ42567.pdf.

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25

Viljoen, Amé. "Is the Restitution of Land Rights Amendment Bill aligned with the Constitution of South Africa?" Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53205.

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26

Gidwani, Anoop Gulab. "The impact and accountability implications of the Bill of Rights in relation to the Independent Commission Against Corruption." Thesis, [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13762175.

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27

Keeler, Rebecca L. "Corporate Rights." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/449.

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Book Summary: Spanning three volumes, this comprehensive encyclopedia of over six hundred entries covers the full range of civil rights and liberties in America from the antecedents of the Bill of Rights through the most recent controversies over political and social issues, including abortion, free speech, religious liberty, voting rights, and the guarantees of equality. It also addresses the civil rights and liberties issues stemming from America's ongoing war on terrorism. Detailed entries include key concepts, historical events and developments, major trials and appellate court decisions, landmark legislation, legal doctrines, important personalities, and key organizations and agencies. Entries have an objective tone, allowing readers to draw their own conclusions. Designed as an up-to-date reference source for students, scholars, and citizens, the encyclopedia will help broaden and heighten understanding and appreciation for the wide range of issues associated with civil rights and liberties in the United States, and is the most sophisticated treatment available. The volumes of the encyclopedia consist of original entries, arranged alphabetically, on many current hot-button issues as well as in-depth coverage of the rights Americans hold sacred. Written by experts in the field, including attorneys, judges, and legal scholars, the encyclopedia takes a historical-legal approach, providing important information on the background and development of an issue or event. The third volume concludes with over three dozen essential primary documents, including landmark statutes, key court decisions, and influential essays.
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28

Mambulasa, Mandala D. "(Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16767.

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Malawi reverted to multiparty politics in 1993.1 A new Republican Constitution,2 (the Constitution) with a Bill of Rights was provisionally adopted on 18 May 1994 and it entered into force on 18 May 1995.3 Chapter 3 thereof deals with fundamental principles upon which the Constitution is founded and Principles of National Policy (PNP). Section 13(c) of the Constitution which falls under the PNP deals with health. It is to the effect that ‘the State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving adequate healthcare, commensurate with the health needs of Malawian society and international standards of healthcare’. According to section 14 of the Constitution, PNP are only directory in nature. Courts are obliged to have regard to them in the interpretation and application of the Constitution or any other law or in the determination of the validity of executive decisions. In the light of the foregoing, arguably, the right to health is not justiciable under the Constitution.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Ben K. Twinomugisha of the Faculty of Law, University of Makerere. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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29

Zaremba, Stacey. "The Implementation of the Anti-Bullying Bill of Rights Act: New Jersey High School Educators' Perceptions." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4029.

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New Jersey's high school teachers have many responsibilities to their students: they must educate them, work to mold their strength of character, and protect them from harming each other. The Anti-Bullying Bill of Rights Act (ABR), legally fortified these goals by protecting students from harassment, intimidation, and bullying (HIB), at the state level. Previous research has indicated that incident rates for these negative behaviors are growing globally. This reality has driven the need for intervention and prevention programming; however, few instances of successful implementation exist. An important gap remains in the current literature, as there is still a need to understand the teachers' perceptions of their role as the frontline defenders of anti-bullying policies. The primary area of focus for this qualitative study was on the challenges and supports encountered by teachers responsible for implementing their high school's anti-bullying program. Information was gathered using a phenomenological design through semi-structured, one-on-one interviews of 12 high school educators from three unique school districts. Lived experiences were interpreted using Espelage and Swearer's social-ecological system framework and Darley and Latané's bystander theory framework. The findings from this study gave voice to those responsible for implementing the ABR. Significant findings included policies that require reactive interactions with students where proactive measures would have been preferred, a lack of top-down communication, and ineffective prevention and intervention program training materials. An impetus for implementing policy change was established, and the potential for social change was welcomed through a move toward proactive measures in the school setting.
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Wambali, Michael Kajela Beatus. "Democracy and human rights in Tanzania Mainland : the Bill of Rights in the context of constitutional developments and the history of institutions of governance." Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/4207/.

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This thesis is an examination of human rights and constitutional development in Tanzania Mainland. The colonial and post-colonial history is used to analyse the development of human rights struggles, as well as institutions such as the Bill of Rights in the recent development of multi-party democracy. The thesis intends to establish that in spite of global factors such as pressure for democratisation from international institutions, the achievement of the Bill of Rights in Tanzania Mainland is part of a wider rights struggle of the people of Tanzania. The effective legal and political implementation of specific rights such as the right to vote, freedom of association and assembly reflect the state of that struggle. The thesis further seeks to establish that while the government sponsored the enactment of the Bill of Rights in 1984 and the re-introduction of multi-partism in 1992, it has always preferred to exercise extreme control over the enjoyment of political rights. This has often involved curtailing the establishment and free operation of institutions of popular democracy. The thesis goes on to suggest that unless a democratic culture and civil society are restored in the country, the success of the rights struggles of the people will be far-fetched. Together with the above it is argued that the struggle for rights could be enhanced by working from what is provided as legal rights, all interested parties pushing for the expansion of the human rights field. This can only be attained if the majority of Tanzanians are made aware of the existence of such rights through legal literacy programs.
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31

Birenbaum, Jordan Daniel. "“Parliamentary sovereignty rests with the courts:” The Constitutional Foundations of J. G. Diefenbaker’s Canadian Bill of Rights." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20672.

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The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.
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Helgesson, Sara. "Children’s Rights and corporal punishment in Sweden: A content analysis of the 1978 bill against Corporal Punishment." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22804.

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This paper (will conduct) a content analysis on the bill put forward by the Swedish government in 1978 that advised for legislation against corporal punishment in Sweden. The analysis will use coding to discover the motives behind the bill what institutions and people that were used as instruments, and which institutions and organisations that were delegated the responsibility to uphold and protect these rights. Additionally, there will be a presentation of the history and background of children’s rights in the “western world” and in Sweden. In the case of Sweden, the social and political structures that exist as a result of the social reforms in the twentieth century will also be presented. Furthermore, social democratic, liberal, and feminist theory will be used in the study of the bill to uncover the limitations that the legislation holds on children’s rights in Sweden.
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Zwemstra, Heinrich Martin. "Die grondwetlike beskerming van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese perspektief / Heinrich Martin Zwemstra." Thesis, North-West University, 2003. http://hdl.handle.net/10394/216.

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On legal-philosophical grounds the constitutional protection of socio-economic rights has been the subject of much debate. The question is whether socio-economical rights should be protected by a constitution and, if so, to what extent. In this study a theological-ethical evaluation is done about socio-economical rights and the protection thereof. This is done by examining certain Biblical themes and parts of Scripture of the Old and New Testament. From this investigation it is clear that socioeconomical rights are very important human rights that must be protected as effectively as possible. Several points of view on the constitutional protection of socio-economical rights are investigated and evaluated. These points of view are based on legal-philosophical grounds and argue respectively against the constitutional protection of socioeconomical rights, the protection of socio-economical rights as directive principles and the protection of socio-economical rights as fundamental rights. From this investigation it is clear that in principle the constitutional protection of socioeconomical rights as fundamental rights is the most effective way to protect these rights. The current state of affairs with regard to socio-economical rights in the Constitution of South-Africa is also investigated and evaluated. From this investigation it is clear that the Constitution does protect certain socio-economic rights, but not all of them. The rights to labour, clothing and scientific progress do not occur in the Constitution. In principle the right to labour is a very important socio-economic right and it leads to the realization of other socio-economic rights. The Constitution of South Africa also has several measures in place to ensure the protection of socio-economic rights. In spite of these measures, the socio-economic rights in the Constitution remain little more than rights on paper. There state, private sector, church and each individual will still have to do a lot to ensure the protection of socio-economic rights in South-Africa.
Thesis (M.Th. (Ethics))--North-West University, Potchefstroom Campus, 2004.
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Van, Gensen Wendy-Lee. "Assessment of the development of victims' rights within the legislative and policy framework in South Africa." Thesis, University of the Western Cape, 2009. http://hdl.handle.net/11394/3791.

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Magister Legum - LLM
This study assesses the development ofvictims' rights in the legislative and policy framework in South Africa. It is argued that although victims' rights are recognised more has to be done to concretise these rights.
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35

Masitsa, M. G. "Teachers' right to strike vis-a-vis learners' right to education - justice for one is an injustice for the other." Interim : Interdisciplinary Journal, Vol 13, Issue 4: Central University of Technology Free State Bloemfontein, 2013. http://hdl.handle.net/11462/317.

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Published Article
The teachers' salary strike, which occurs almost annually in South Africa, is so widespread that it seems to have gained public toleration if not complete acceptance. However, the strike may have a lasting and devastating impact on the teachers' as well as the learners' discipline, motivation and morale, with the learners being the hardest hit. The strike has a negative impact on the learning and teaching culture and on the learners' academic performance. Although the teachers' strike is about salaries and salary-related matters, all too often, debates about it shift from the strike to the tension between the teachers' right to strike and the learners' right to receive education. This study endeavours to fathom the truth about the two rights, to establish whether they can stand side by side without contradicting each other, and to study their implications.
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36

Friman, Nanna. "Justifying Legal Rights of Nature : An ideational analysis of the Te Awa Tupua Bill debate in New Zealand." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443634.

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In 2017, the Whanganui River in New Zealand gained legal personality, a potentially norm-breaking legislation that could challenge society to view nature differently. It is thus important to understand the reasons and justifications behind such a decision. This is an explorative case study that aims to examine the interplay between different philosophies on legal rights of nature and minority rights within the context of a political discourse by investigating how the implementation of the Te Awa Tupua Bill in 2017 in New Zealand was justified. The arguments were identified in the three parliamentary readings of the bill through argument analysis and analyzed through ideational critique. The Te Awa Tupua Bill was justified through anthropocentric, animistic and ecocentric arguments. A majority of the arguments related to protecting the indigenous Māori culture. Further, the results from the ideational critique suggests that the argumentation at times was rather weak and that many arguments were not fully developed. This study shows how the practical political debate on legal rights of nature relates to the theoretical one. It also provides insights on how big part protecting minority rights play when implementing legal personality for natural objects. This study contributes to an emerging field of research with many open doors for future studies.
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37

Dheka, Lawrence. "The Bill of Rights as the cornerstone of environmental justice in South Africa : an analysis of section 24." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5295.

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38

Nazemi, Shahriar. "Revocation of Citizenship in Canada: A Criminological Reading of a Tension Between Rights and Obligations in Conceptions of Citizenship." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/38999.

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This research explores the political debates surrounding changes in the law regulating citizenship revocation in Canada and how they reflect the tensions in the meaning of citizenship for dual national citizens. Borrowing from citizenship studies and critical criminology, the main argument in this thesis is that Bill C-24 seems to be an attempt on part of the Conservative Party to recalibrate the meaning of citizenship from a more liberal understanding (based on civic rights) to one that is more republican (based on civic duty). This research also demonstrates how this recalibration in the conception of citizenship from a more liberal notion to a more republican one parallels the shift in crime control policies of the state that were geared more toward prioritizing the welfare and equality of all citizens under the law in the 1960s-70s to ones that are presently oriented toward punishment, control and management of “dangerous groups”. The scholarly literature suggests that the modern conception of citizenship tends to draw from the republican and liberal traditions that are complementary but are also in tension, and the recent political discussions surrounding citizenship involves arguing for the best balance between rights and responsibilities of citizens. The analysis of the parliamentary debates surrounding Bill C-24 reveals that, in light of Canada’s current political landscape that is heavily influenced by penal-populist notions of punishing the offender populations and making “responsibilized” citizens, the pendulum of citizenship is generally being tilted toward the republican model (based on restoration of civic duties of citizens to the state and their fellow citizens) more so than the liberal model (based on preserving the welfare, liberty and equality of all citizens under the law).
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39

Moosa, Fareed. "The 1996 Constitution and the Tax Administration Act 28 of 2011 : balancing efficient and effective tax administration with taxpayers' rights." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5532.

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Doctor Legum - LLD
Taxation is fundamental for development in South Africa (SA), a developing country with an emerging economy in which taxation is essential to capacitate the government so that it can fulfil its mandate under the Constitution of the Republic of South Africa, 1996 (Constitution). This mandate includes bringing about socio-economic transformation, part of transformative constitutionalism, through progressively realising socio-economic rights. This dissertation examines the way in which tax administration may take place efficiently and effectively with due respect for taxpayers' rights. A clear link is shown between taxation, human rights and the South African government's responsibilities to attain its transformation targets. To facilitate this process, the Constitution creates a legal framework for the imposition of tax and for the equitable distribution of tax revenue among the three spheres of government. For historical, political and other reasons, South Africans generally, as happens elsewhere in the world, lack a strong culture of voluntary tax compliance. Wilful non-payment of tax is antithetical to the values of democracy, ubuntu and the rule of law. Tax non-compliance minimises revenue collected from taxation. This, in turn, hinders the attainment of transformation in all its facets. A pressing need exists for laws that, on the one hand, promote tax morality and, on the other, strengthen the South African Revenue Service (SARS) so that it can effectively administer SA's national tax system (or grid). To this end, the Tax Administration Act 28 of 2011 (TAA) is pivotal. It regulates tax administration, a part of public administration. Under the Constitution, SARS is obliged to execute its functions in a manner respectful of taxpayers' rights and that upholds the Constitution’s values and democratic principles. Consequently, the TAA must strike a fair balance between, on the one hand, protecting taxpayers' rights and, on the other, arming SARS with adequate powers with which it can effectively combat the mischief of tax non-compliance. This dissertation shows that, when viewed through the prism of s 36 of the Bill of Rights (BOR), the powers conferred on SARS by ss 45(1), (2), 63(1) and (4) of the TAA to conduct warrantless inspections and searches, as the case may be, limit taxpayers' rights to, inter alia, privacy. It concludes that, whilst ss 63(1) and (4) ought to pass muster, ss 45(1) and (2) are susceptible to a declaration of invalidity under s 172(1) of the Constitution.
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40

Mwambene, Lea. "The Impact of the Bill of Rights on African Customary Family Laws: A Study of the Rights of Women in Malawi with some Reference to Developments in South Africa." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1656_1271625896.

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On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo
s rights law reforms and courts&rsquo
adjudication of customary family law issues.

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41

Viko, Iyadah John. "Assessing the possible approaches and the limitations of the human rights aspects of environmental harm under the International Bill of Rights : the need for a convention on the human rights to a healthy environment." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233655.

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The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy environment under the International Bill of Rights. The current international human rights law does not expressly provide for the human rights to a healthy environment. The thesis considers how the environment may be protected both through the application of presently accepted human rights and through the establishment of new human rights to a healthy environment. This thesis goes on to discuss the relationship between the international human rights law and the international environmental law, thereby giving an example of regime interaction. This is of strategic importance to understanding the meeting point of the two areas of law in this thesis. The need for sustainable development and the challenge of climate change have come to the fore and they both give urgency to the need for a human rights approach for the protection of the environment. There are concerns about whether there is a need for the provision of the human rights to a healthy environment in the international human rights law as existing rights are considered robust in themselves to protect the environment. This thesis will investigate the claim whether there are currently binding human rights to a healthy environment under the international law while building a solid argument on the need for a Convention on the human rights to a healthy environment. The thesis addresses the doctrinal and conceptual issues challenging the institutionalisation of the human rights to a healthy environment in the international human rights law. The thesis makes a case on the need for a Convention on the Human Rights to a Healthy Environment. It bolsters the point that the human rights to a healthy environment are long due; however what is lacking, is the doctrinal precision on the best way to institutionalise these rights. The research will attempt to proffer a proposal on the way forward by providing the institutional framework of the rights in a Convention. Before that, there is the need to discuss and settle several other possibilities and their limitations for the protection of the said human rights to a healthy environment. The proposed Convention could serve as a channel to offer a more coordinated, detailed, and well-documented approach for dealing with the linkages between human rights and the environment, as opposed to the fragmented approaches adopted across national and regional levels.
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42

Boucher, Anna. "Eine Bill of Rights als Lösung für Verletzungen der Menschenrechte von Flüchtlingen? : Ein Vergleich zwischen Australien und den USA." Universität Potsdam, 2005. http://opus.kobv.de/ubp/volltexte/2009/3940/.

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43

Maribha, Sheilla Kudzai. "An evaluation of Zimbabwe's national peace and reconciliation commission Bill, 2017." University of the Western Cape, 2017. http://hdl.handle.net/11394/6369.

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Magister Legum - LLM (Criminal Justice and Procedure)
This is a study of Zimbabwe's National Peace and Reconciliation Commission Bill (hereafter NPRC Bill). The NPRC Bill seeks to bring the National Peace and Reconciliation Commission (hereafter NPRC) of Zimbabwe into operation. The NPRC is a truth commission set to promote post-conflict justice, national peace and reconciliation in Zimbabwe. The study discusses the prospects of establishing an effective NPRC in Zimbabwe by examining the provisions of the NPRC Bill. The view of the paper is that, without proper guidance from a comprehensive law, the NPRC is bound to be a victim of its own failure.
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44

Crawford, Christopher J. "The Human Rights Act 1998 (UK) and the Momcilovic decision: Implications for 'dialogue' in the Australian Capital Territory and Victoria." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/98553/1/Christopher_Crawford_Thesis.pdf.

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This thesis is a comparative study of human rights legislation in the United Kingdom, the Australian Capital Territory and Victoria. It examined whether that legislation produces an exchange of ideas about human rights pursuant to which government policy goals are revised, but not blocked, following judicial decisions. The study discovered that government claims that such an exchange of ideas would take place were unfounded.
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45

Johannes, Warren Dewald. "The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/646.

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In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not subject to ‘reasonable legislative and other measures, available resources and progressive realisation.’ The right to basic, compulsory education is widely regarded as a fundamental human right. For example, this right is included in a number of international human rights treaties such as the ‘Universal Declaration of Human Rights’, the ‘International Covenant on Economic, Social and Cultural Rights,’ the ‘African Charter on the Rights and Welfare of the Child’, the ‘Convention on the Rights of the Child’, the ‘Dakar Framework for Action: Education for All’, and ‘UNESCO Convention against Discrimination in Education’. The South African Constitution, however, does not clarify the content and scope of the right to basic education. Consequently, the Constitution has given the state wide discretion to determine the scope, nature and content of this basic right. Apartheid left the South African education system fragmented and unequal. The South African educational system has gone through numerous curricula and institutional changes. The changes in the curriculum were part of the transformation process of the South African education system. In addition, the state has allocated substantial public funds towards basic education. However, the investment in basic education does not commensurate with the quality of teaching and learning in poor and marginalised schools. For example, several rural and farm schools in the Eastern Cape lacked toilet facilities; textbooks and other education support material; furniture; and other essential necessities. Education loses its transformative power when poor and marginalised schools continue to lack these essential services. Consequently, inequality is perpetuated and the poor and marginalised are unable to compete meaningfully in the social, economic and political life of South Africa. The mini dissertation concludes by recommending that the Department of Basic Education should ensure that all schools, especially those in rural communities and farms, have access to textbooks, qualified teachers, clean water and toilet facilities and other essential necessities needed for the delivery of quality basic education.
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46

Pillay, Justin. "Equality and non discrimination in tertiary education for the visually impaired." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8404_1297400944.

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The focus of this paper is the right of the visually impaired to access tertiary education that is not unfairly discriminative and unequal. The study is intended to highlight the inadequacy in the current legislation on equality such as the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Higher Education Act 101 of 1997 in properly promoting the ideals and purpose of constitution. Furthermore to analyse the constitutional court's approach to equality and non discrimination in order to provide solutions and recommendations for changes to existing legislation that is indeed to be effective.It also aim to define what it means to have equality for the visually impaired, more especially in tertiary education through the constitutional court's definition of equality...

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47

Mwambene, Lea. "The impact of the Bill of Rights on African customary family laws : a study of the rights of women in Malawi with some reference to tevelopments in South Africa /." Online Access, 2008. http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_gen8Srv25Nme4_8528_1271625878.pdf.

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48

Le, Roux Lucinda. "Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2495_1183427463.

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In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims.

A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing.

The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate.

South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children.

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49

Humphreys, Brooks. "The missing founding fathers: the need to teach the role of the antifederalists in the adoption of the bill of rights." Click here for online access in Bluebrary, 2009. http://hdl.handle.net/10504/5198.

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50

Cazzetta, Claudia. "The national and the international influences on the drafting of the South African Bill of Rights : A study on the South African transitional legal culture." Thesis, Högskolan Dalarna, Afrikanska studier, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:du-34517.

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The South African democratic transition in the 1990s represents one of the clearest cases of practical implementation of constitutional engineering. The process was aimed to the creation of the principle of national unity in the fundamental text first, hoping it would be mirrored consequently by a popular sentiment. Within this context, the Bill of Rights, included in the second chapter of the final text, affirmed itself as the most relevant document that emerged from the country's nation-building process. This thesis aims to compare the influences that the national and international components of the South African transitional legal culture had on the drafting of the Bill of Rights, through the investigation of their historical and political dynamics. The analysis highlights that the liberal component characterizes the majority of the text, while being, however, declined on the neo-liberal international doctrine, while the African customary law is recognized within the cultural rights but remains subjected to the requirement of conformity with the liberal provisions.
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