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Dissertations / Theses on the topic 'Constitutional Challenges'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Oseko, Julie Ouma. "Judicial independence in Kenya : constitutional challenges and opportunities for reform." Thesis, University of Leicester, 2012. http://hdl.handle.net/2381/27703.

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The judiciary in Kenya has been progressively viewed as subservient to the executive, an upholder of state power and a poor protector of citizens’ rights. The rejection of the judiciary as an independent and impartial arbiter of disputes was a major contributor to the post-election violence experienced in December 2007 which resulted in anarchy and massive loss of lives and property. This thesis contends that there is a contextually symbiotic link between separation of powers, judicial independence and the rule of law. While focusing on the relationship between the judiciary and the executive,

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2

Monzon, Gustavo. "Catholic contributions to strengthen constitutional democracy: A response to current Latin American challenges." Thesis, Boston College, 2019. http://hdl.handle.net/2345/bc-ir:108885.

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3

Lazare, Jodi. "The use of social science evidence in constitutional adjudication: overcoming the challenges of the adversarial system." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114143.

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This thesis examines the practice of judicial reliance on social science evidence in the context of Canadian Charter litigation. It undertakes in-depth readings of two recent trial decisions dealing with prostitution and polygamy, which required the judges to analyze vast amounts of social science empirical data. The argument is that the legal system's prioritization of persuasion, victory and the definitive resolution of disputes prevents it from maximizing the potential contributions that the social sciences can bring to the law and the legal search for truth. The doctrine of stare decisis m

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4

Celis, Galvis María Laura, Mendoza William Esneyder Hernández, and Caballero Luis Alejandro Roa. "The judge's obligations in front of challenges of the constitutional precedents with regard to motivation of the judicial providences." Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/115771.

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Judicial autonomy has suffered changes all through Colombian constitutional history, especially due to the expedition of the Political Constitution in 1991. This implies that the judge’s function was affected and suffered relevant changes, particularly in duties such as the motivation of judicial providences and the search for real justice in concrete cases. As a consequence of these relevant changes, now judges must pay special attention to the constitutional precedent and the charges imposed on them in order to avoid sanctions like the annulment of their judgments through the «vías de hecho»

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5

Sedibelwana, Maria Valerie. "Challenges and opportunities: an evaluation of the implementation of gender mainstreaming in South African government departments, with specific reference to the department of justice and constitutional development (DoJ&CD) and the department of foreign affairs (DFA)." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/757.

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The aim of this research project is to conduct an evaluation on the implementation of gender mainstreaming in South African government departments, with specific reference to the Department of Justice and Constitutional Development (DoJ&CD) and the Department of Foreign Affairs (DFA). The research project is based on the hypothesis that despite the existence of a National Gender Machinery, Gender Focal Points (GFPs) face numerous challenges in implementing gender mainstreaming, due to various internal and external factors. Based on the two case studies, the research project concludes that desp

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6

Kim, Younsik. "Challenges and opportunities for the national constitutional system in dealing with the global investment regime : a case study of the indirect expropriation doctrine and investor-state arbitration under the free trade agreement between the Republic of Korea and the United States of America." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7575.

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In 2011, Korea ratified the Korea-US Free Trade Agreement (KORUS-FTA). This treaty remains controversial in Korean society, particularly because many Koreans claim that the indirect expropriation doctrine under investor-state arbitration in the investment chapter will allow global investors to challenge governmental regulation justified by the Korean constitution. Despite such criticism, the KORUS-FTA indirect expropriation doctrine and the Korean constitutional property doctrine share more than might be expected in practice. However, this substantive doctrinal convergence between national and

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7

Christmas, Paula. "Meeting the challenge : the social constitution of difficulties with eating." Thesis, University of East London, 1996. http://roar.uel.ac.uk/3678/.

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A dichotomy has been identified between traditional and feminist accounts of 'anorexia nervosa', in which both literatures tend towards universalising accounts of the development of difficulties with eating (focusing on either the individual, or social factors). This study draws on post-structuralist theory to examine the social constitution of 'anorexia', on the basis of interviews with six women who had been discharged from a hospital programme for their eating difficulties. The analysis identified discourses which were used by these women to account for their difficulties, and examined the

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8

Hedman, Monstad Therese. "Attempts to Bridge the Gaps : Opportunities and Challenges in the Communicative Constitution of Organizations." Doctoral thesis, Uppsala universitet, Medier och kommunikation, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-243336.

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Globalization and technological advancements continue to challenge contemporary organizations’ aims to balance stability and change. As a response to this challenge, organizations often turn to empowerment and participatory processes. Current research emphasizes the need for enhanced communication in these processes. However, there is a lack of research studying how organizations practically enact this idea that these processes require more communication. This dissertation is aligned with the Montreal School’s CCO perspective and departs from communication theory seen as a dialogic of conversa

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9

Torabi, Ahmad. "Legal challenges of public property development in the Iranian constitution and the civil code." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=228080.

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This thesis will examine the mechanisms of the protection and legal challenges of public property development within Iranian legal system. These mechanisms may be used to assist in compliance with international obligations, but the primary focus has been on domestic law, in particular the Iranian Civil Code and the Constitution. The author has investigated the various issues within the Iranian property law system from the perspective of preserving public property. By definition, public property covers a broad area, and therefore, this thesis has explored the challenges of public property in a

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10

SÃ, Roselene Moura de. "Urban Projovem: challenges, prospects and implications for public policy in the constitution of knowledge students." Universidade Federal do CearÃ, 2013. http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=11164.

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nÃo hÃ<br>A polÃtica pÃblica do Projovem Urbano foi estabelecida pelo Governo Federal com o objetivo de democratizar o acesso Ã escolarizaÃÃo aos jovens compreendidos entre 18 e 29 anos, que nÃo concluÃram o ensino fundamental, e assim diminuir os Ãndices de distorÃÃes da escolaridade. Ante os desafios que se apresentam na complexidade das relaÃÃes entre os jovens e a escola indaga-se sobre os saberes constituÃdos no ensino por meio desse Programa. Com base nessa inquietaÃÃo, este trabalho teve como objetivo geral analisar quais saberes o Projovem Urbano possibilita aos jovens de uma escola da

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11

Davidson, Yusha. "The doctrine of Swart Gevaar to the doctrine of common purpose: a constitutional and principled challenge to participation in a crime." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27305.

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Swart gevaar was a term used during apartheid to refer to the perceived security threat of the majority black African population to the white South African government and the white minority population. The Native Territories Penal Code, transported from English law, assimilated the doctrine of common purpose into South African law. During apartheid, the doctrine of common purpose served as one of many governmental tools to criminalise the black population and curtail the swart gevaar. The development of the doctrine largely occurred during the apartheid-era, whereby the white-ruled judiciary c

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12

Harris, Alfred. "Perceptions, experiences and challenges of parents whose children are removed through a statutory process." University of the Western Cape, 2020. http://hdl.handle.net/11394/7270.

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Magister Artium (Child and Family Studies) - MA(CFS)<br>The 2009 Save the Children, United Kingdom report indicated that eight million children worldwide find themselves in alternative placement. In terms of the statutory process, alternative placement of a child is when a child is placed in foster care or in a child and youth care center. The removal of children from the care of their parents is a statutory process that is driven by issues that put the child’s safety and development at risk. Although children are removed due to a risk factor, Chapter 2 section 28 (1)(b) of the South African C

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13

Surendranath, Anup. "Judicial discourse on India's affirmative action policies : the challenge and potential of sub-classification." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:69493f4c-a6e3-48df-bee1-08bc3c8f4a41.

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This thesis is primarily concerned with the distribution of quotas in higher education and public employment within identified beneficiary groups. In a system of quotas based on preferential treatment of groups, the question about which members of the group must benefit over others is a crucial one. One of the main themes in the thesis is to critically analyse the judicial understanding about the nature of these groups. The homogeneity (in backwardness) that is attached to beneficiary groups in differing degrees is challenged in the thesis using the examples of Scheduled Castes and Muslims wit

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14

Smith, Nicholas. "Towards a Phenomenology of Repression : a Husserlian Reply to the Freudian Challenge." Doctoral thesis, Stockholms universitet, Filosofiska institutionen, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-43512.

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This is the first book-length philosophical study of Husserl’s transcendental phenomenology and Freud’s theory of the unconscious. The book investigates the possibility for Husserl’s transcendental phenomenology to clarify Freud’s concept of the unconscious with a focus on the theory of repression as its centre. Repression is the unconscious activity of pushing something away from consciousness, while making sure that it remains active as something foreign within us. How this is possible is the main problem addressed in the work. Unlike previous literature (including Ricœur, Merleau-Ponty and

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15

LUI, LUKAS. "THE CHURCH OF THE SPIRIT OF GOD IS BORN IN THE HEART OF THE PEOPLE: THE RELEVANCE AND CHALLENGE OF THE SENSUS FIDEI IN THE DOGMATIC CONSTITUTION LUMEN GENTIUM OF VATICAN II." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=16843@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>O presente trabalho disserta sobre duas dimensões da realidade-Igreja: divina e humana, definida pelo Concílio Ecumênico Vaticano II (1962-1965) como Povo de Deus. A Igreja é divina porque tem em Deus sua origem e, humana porque a vontade de Deus é manifestada no coração e na consciência do povo. Concentramos nossa reflexão, especialmente, sobre a relevância e o desafio do sensus fidei na Constituição dogmática Lumen Gentium do Vaticano II. O plano divino é o Sim do amor incondicional de Deus, oferecido à humanidade, e a fé do ser humano é

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16

Pogliesse, Marcelo Weick. "Fiscaliza??o difusa da constitucionalidade e o incidente de arg?i??o de inconstitucionalidade." Universidade Federal do Rio Grande do Norte, 2006. http://repositorio.ufrn.br:8080/jspui/handle/123456789/13961.

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Made available in DSpace on 2014-12-17T14:27:23Z (GMT). No. of bitstreams: 1 MarceloWP.pdf: 1503858 bytes, checksum: a3afbdaee8ef61f150da30b7877082d6 (MD5) Previous issue date: 2006-08-25<br>The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its leg

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17

Chen, Yi-Hsin, and 陳宜新. "Constitutional Challenges to Tobacco Hazards Prevention Act." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/65895282332943009872.

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18

FINCK, Michèle. "Sub-national challenges to Europe’s constitutional structure." Doctoral thesis, 2012. http://hdl.handle.net/1814/26554.

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Supervisor: Professor Giorgio Monti, European University Institute<br>Award date: 26 November 2012<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>This LL.M. thesis investigates how European Union law reacts when sub-national actors behave as an autonomous level of public authority. It will look at how supranational law has traditionally dealt with sub-national actors and then examine whether Article 4(2) TEU, introduced into the European legal order by the Treaty of Lisbon, constitutes a new interpretative device having the potential to change the ways in which

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19

Yegen, Merter Zeynep Oya. "Military regimes, their constitutions, and post-transition challenges: comparative amendment-making in Chile and Turkey." Thesis, 2016. https://hdl.handle.net/2144/17062.

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The primary focus of this study is the analysis of constitutional amendment-making processes following transitions from authoritarian regimes. Based on an extended longitudinal comparative case study of Chile and Turkey, the body of the work focuses on the experience of constitution-making during military rule and amendment-making following the transition to elected civilian governments. While both countries suffered a breakdown of democracy and ensuing new military-imposed constitutions, their amendment-making processes after the restoration of democracy were quite different. Chile developed

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20

Wei, Lin-Shan, and 魏琳珊. "Constitutional Challenges to Smoking Bans of Tobacco Hazards Prevention Act in Taiwan." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/78674855803585173672.

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碩士<br>國立臺灣大學<br>法律學研究所<br>97<br>On January 23, 2009, Taiwan enacted the new Tobacco Hazards Prevention Act. To protect people away from exposure to environmental tobacco smoke (ETS) the new Act bans smoking in most public spaces. This smoking bans were unconstitutional for infringing on smokers’ rights of Health and liberty. The regulation has not interfered with the business owners economical viable use of their shops, but it was unconstitutional for infringing on their freedom of business.Clearly this new Act need reviseing. Chapter One of this paper shows four dimensions of the tobacco cont

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21

MURKENS, Jo Eric Khushal. "Contested constitutional concepts : state, constitution, sovereignty in Germany and the United Kingdom, and the European challenge." Doctoral thesis, 2005. http://hdl.handle.net/1814/4721.

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Defence date: 24 September 2005<br>Examining board: Prof. Neil Walker, European University Institute (supervisor) ; Prof. Bruno De Witte, European University Institute ; Prof. Carol Harlow, London School of Economics and Political Science ; Prof. Stefan Oeter, University of Hamburg<br>PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

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22

Govender, Anneline Michelle. "African customary law : a constitutional challenge for gender equality." Thesis, 1999. http://hdl.handle.net/10413/5620.

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23

Nchabeleng, Nkhone Rhyme. "The Constitutionality of rule 25 of the CCMA Rules / Nkhone Rhyme Nchabeleng." Thesis, 2015. http://hdl.handle.net/10394/16078.

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This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal pract

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24

Choga, Fidelis Shepherd. "An analysis of the application of international law under the 2013 Zimbabwean constitution: opportunities and challenges." Thesis, 2018. https://hdl.handle.net/10539/26716.

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Submitted in fulfilment of the requirements of the degree of Master of Laws (LLM) (Research Report) in the Faculty of Commerce, Law and Management at the University of the Witwatersrand, Johannesburg 2018<br>Applying international law in the past has been a challenge for Zimbabwe because of the uncertainty as to the legal status and applicability of international norms under Zimbabwe’s 1979 Independence Constitution. However, the position appears to have been largely settled if regard is had to the 2013 Constitution of Zimbabwe which contains generous provisions on the position of internation

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25

Kgabe, Vicentia. "Abuse of alcohol by Anglican clergy : challenge to pastoral care." Thesis, 2011. http://hdl.handle.net/2263/28551.

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The Anglican Church is experiencing a growing number of clergy who abuse alcohol, and this has made people to ask whether clergy still embody the image of God or if they are “alcoholics.” I therefore undertook to do a research on this problem to ascertain whether the church creates alcoholics or are alcoholics attracted to the ministry. Questionnaires designed for laity, clergy and the diocesan leadership were given to them to find out if alcohol and alcoholism is a problem to the church and what could be the cause of it. Realizing that the questionnaires may not be sufficient, five case studi

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26

Au, Yin-Chung, and 區曣中. "Differential Responses of NF kappa B Activation and Cell Apoptosis in Constitutional Growth and upon LPS Challenge in Two Intestinal Epithelial Cell Lines." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/96838897116629593077.

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碩士<br>臺灣大學<br>生理學研究所<br>95<br>The intestinal epithelial monolayer not only serves for digestive, absorptive and secretive functions, but also acts as the first line of defense against luminal noxious stimuli. Excessive epithelial apoptosis may compromise this barrier function, whereas delayed apoptosis is in part involved in intestinal carcinogenesis. Previous studies have documented that luminal exposure to bacterial lipopolysaccharide (LPS) augments enterocytic cell death in dose- and time-dependent manner, whereas others reported the activation of a pro-inflammatory transcription factor, i.

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27

Dziva, Cowen. "Advancing the rights of rural women with disabilities in Zimbabwe: challenges and opportunities for the twenty first century." Thesis, 2018. http://hdl.handle.net/10500/24931.

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Text in English with abstracts in English, isiXhosa and isiZulu<br>Disability studies largely ignored or neglected the experiences of rural women with disabilities (WWD) in the Global South. This qualitative study documents the challenges faced by Zimbabwean rural WWD in the enjoyment of their fundamental rights and freedoms. Against the backdrop of various global, regional and national efforts to advance WWD’s rights, the study examines possibilities for change. Utilising a phenomenological design, data were collected through in-depth interviews with women and girls with disabilities (WGWD),

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