Browsing Department of Public Law and Jurisprudence by Subject "Constitution"
Now showing items 1-16 of 16
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Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
(University of the Western Cape, 2005)The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ... -
Assessment of the development of victims' rights within the legislative and policy framework in South Africa
(University of the Western Cape, 2009)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. -
Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution
(University of the Western Cape, 2010)The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of ... -
A critical analysis of political corruption within the executive and the role of the constitution
(University of the Western Cape, 2023)The achievement of constitutionalism in South Africa is often applauded for its pivotal liberation that it laid upon individuals through bureaucracy, human rights, institutionalism, and moral science. However, there should ... -
Decentralisation and constitutionalism in Africa: A comparative analysis of South Africa and Zimbabwe
(University of the Western Cape, 2020)Since the early 1990s, the move towards decentralisation has been given prominence in African constitutions. Countries that embarked on ambitious decentralisation processes had to make the necessary constitutional reforms. ... -
Democracy in action: Public participation and the progressive realisation of socio-economic rights
(University of the Western Cape, 2012)While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with communities where the provision of basic social services and goods is at stake, uncertainty about the form, extent and quality of ... -
Equality and non discrimination in tertiary education for the visually impaired
(University of the Western Cape, 2009) -
The impact of the national council of provinces on legislation
(2013)The paper focuses on the role of the National Council of Provinces (NCOP) in the national legislative process. An enquiry into the relevance of the NCOP when processing bills during the Third Parliament has been critical ... -
A legal analysis of provincial intervention in a municipality
(University of the Western Cape, 1999)With the introduction of the 1996 Constitutor local government was for the first time in South African history acknowledged as a fully-fledged 'sphere' of government and its role and responsibilities as an equal partner ... -
The limitation of fundamental rights
(University of the Western Cape, 1999)South Africa's new Constitution has been hailed as one of the most democratic and sophisticated in history, surpassing even the Constitutions of many first world countries. Of paramount importance in the Constitution is ... -
Muslim family law and judicial protection of women’s rights in Kenya: an assessment
(University of the Western Cape, 2023)The status of women in Muslim majority and minority states is a major question in the articulation of rights in non-Western settings. Contestations over women’s rights in these societies are thought to stem from conundrums ... -
A right to protected rivers: An analysis of the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and secure the sustainable use of rivers in South Africa.
(University of the Western Cape, 2003)This mini-thesis deals with the right to protected rivers whereby it analyses the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and ... -
The veto power to terminate provincial interventions in terms of section 139 (2)(B) and 139(3)(B) of the constitution
(University of the Western Cape, 2014)The study aims to detect the outcomes for provincial and local governments when the veto power was invoked. This in turn provides evidence based information on the extent to which the intergovernmental checks and balances ... -
‘When is dismissal an appropriate sanction for misconduct? and who has the last say?’
(2009)In this mini-thesis, I will present a historical development of the manner in which South African courts have tested the fairness of dismissals, for misconduct. South African Labour history has been marred by confusion and ...