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Dissertations / Theses on the topic 'Law and legislation'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Xia, Chunli. "Autonomous legislatures under China's regional ethnic autonomy law, reality and potential /." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B40988120.

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2

Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.

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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resultin

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3

Leander, L. H. "Liberty, democracy and legislation : law against the powerless." Thesis, Brunel University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292563.

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4

Tuerk, Alexander Heinrich. "The concept of legislation in European Community law." Thesis, King's College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415269.

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5

Arias-Schreiber, Félix, and Jumpa Antonio Peña. "The New Theory of Legislation." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123334.

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This article discusses on the new theory of legislation. It is presented considering its antecedents, and its treatment from sociology of law to the current state of its development. It is make emphasis on the interdisciplinary nature of this theory for a better understanding of the legislative process, without failing to acknowledge the importance of its legal status.<br>El presente artículo nos introduce a la denominada “Nueva Teoría de la Legislación”. Se presenta sus antecedentes, así como su tratamiento desde la Sociología del Derecho al su estado actual de desarrollo. Por otra parte, se

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6

Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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7

Nkomadu, Obinna Emmanuel. "Maritime piracy legislation for Nigeria." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14046.

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As a result of maritime piracy attacks in the Gulf of Guinea, especially in the West Africa sub-region, off the coast of Nigeria the researcher started carrying out research in 2014 on the laws pertaining to piracy. In this regard Nigeria does not have the legal framework to effectively address the threat of piracy off its coast but a Bill entitled: “Piracy and Other Unlawful Acts at Sea (and Other Related Offences) Act” has been forwarded to the Nigerian National Assembly in order to criminalise ‘piracy and other unlawful acts at sea’. For this reason, the researcher deems it necessary to exa

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8

Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.

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<p>According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.</p>

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9

Hermida, Julian. "Legal basis for a national space legislation." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84212.

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The purpose of this thesis is to propose the fundamental regulatory policy basis for a future domestic legislation governing private space activities in those States where their industry has or aspires to have a preponderant role in the pursuit of space activities and which have not yet crafted their national space regulatory framework. This study is based on the premises that the international legal framework governing space activities provides the fundamental basis for national space legislations and that the legislative experience of the countries which have adopted a domestic space

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10

Newton, Robert J. "Retroactive and retrospective legislation and the rule of law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5817.

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11

Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.

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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislativ

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12

Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.

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13

Johnson, Taylon M. "Autism Policy: State and National Legislation Analysis." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/278.

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This research thesis is a policy assessment of the factors that contribute to the current status in treating autism. The policy assessment begins with a description of the key components that that influence policy outcomes in regard to autism. After developing a policy model that outlines various components of issues and approaches to the policy has on Autism, the paper examines several issues with regard to Autism policy, including the lack of insurance coverage, state legislation, waiting lists, evidence vs. non evidence treatments, and the high price for treatments. The paper also examines

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14

Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.

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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that i

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15

Harrison, Peter. "A theory of legislation from a systems perspective /." Canberra, 2006. http://erl.canberra.edu.au/public/adt-AUC20081204.115715/index.html.

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16

Koch, Carolina Augusta. "The right to a view : common law, legislation and the constitution." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71650.

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Thesis (LLD)--Stellenbosch University, 2012.<br>Includes bibliography<br>ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to protect such views and courts sometimes in fact grant orders that provide such protection. This dissertation aims to establish whether South African law does indeed not acknowledge a right to a view and whether there are any exceptions to the general rule against the recognition of the right to a view. T

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17

Fura, Gashahun Lemessa. "Ethiopia's accession to the WTO: implications for the agricultural sector." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4286_1221731163.

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<p align="justify">It is widely recognized that increased participation in international trade and investment can serve as an engine for economic growth and development.<font size="1">1 </font>Implicit in international trade is the principle of comparative advantage that generally provides that states should trade with each other because they are better off by maximizing their production potential for some products and, through trade, obtain products they do not have or produce with less efficiency.<font face="Times New Roman,Times New Roman" size="1">2 </font>Such comparative advantage, <em><

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18

Miller, Kristina Claire. "An evaluation of "work-life" legislation in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4514.

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19

Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.

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Thesis (LLM)--University of Stellenbosch, 2000.<br>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 technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is li

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20

Waters, Ian Benjamin. "Australian conciliar legislation prior to the 1917 Code of Canon Law: A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.

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21

Wintgens, Luc J. "The justification of legislation: an introduction to legisprudence, a new theory of legislation." Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210996.

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General Introduction<p><p>The process of the institutionalisation of law that started at the end of the 18th century was followed by a general wave of codification throughout Europe. The French codification of 1804 was exemplary for all the others. The “law in books” was complete, certain, clear, and undisputable. From then on, the law in books had priority over the “law in action”. Law in books was a critique of law in action that preceded the French Revolution. Judicial activism was proscribed, and judges were called to apply the rules issued by the legislator.<p><p>This ideal of the French

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22

Chen, Yifu, and 陈一孚. "The compatibility of patent law and traditional Chinese medicine." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50533964.

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Traditional Chinese Medicine (TCM) is a medical system with a unique medical philosophy that continues to guide the contemporary turning out of new pharmaceutical formulae. The clinically-proved effective components of these formulae are being extracted by means of modern technology. Natural Chinese medicines account for approximately 30% of the global sales volume of all medicines, and the international market-size of the TCM industry is increasing rapidly. The TCM industry depends on the patent protection of the results of its R&D no less than does any other industry. However, the patent ex

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23

Hsu, Selene M. "Evaluating U.S. and E.U. Competition and Supremacy Legislation." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/583.

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How did EU and US legislation go from initially appearing to be the same, if not mirroring each other, to differing significantly in their execution of competition legislation goals? Why did the US take a more authoritative tone in enforcing interstate competition legislation? And if the EU is so inclined to mimic US policies 50 years ago, why didn’t their competition enforcement take the same form today? I hypothesize that the US and EU’s legislative history with regulating governmental supremacy is part of the clue to answering for these differences.

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24

Cook, Laura L. "A Lean Six Sigma framework for designing legislation." Thesis, California State University, Dominguez Hills, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10020180.

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<p> Legislation design methods currently employed by individual California state legislators allow defects to be built into the bills that eventually become laws. A dearth of consistent performance measures for legislation makes it difficult to quantify the magnitude of the problem. There is evidence, however, that defective legislation causes legislative rework, amendments, repeals, human suffering, and economic loss.</p><p> Individual legislators need a repeatable and data-focused process to prevent and correct legislative defects before they are submitted to the California State Legislatu

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25

Tiry, Zaahira. "Political parties in South African law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012414.

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This dissertation is a literature study of the legal regime of political parties in post-apartheid South Africa. A constitutional perspective is adopted throughout the study in order to confine the topic to the realm of South African law. Hence, the focus of the study is to identify legal rights contained in chapter two of the Constitution and to also identify other provisions of the Constitution that have a bearing on political parties. As mentioned in the conclusion, section 19 of the Constitution, set the scene for the development of this study. An analysis of the constitutional provisions

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26

Kus, Elizabeth A. "The Relationship Between Sex Offender Legislation and Psychosocial Factors." Thesis, The Chicago School of Professional Psychology, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3637159.

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<p> Sex offender legislation is designed to make communities feel safer, with little or no empirical data utilized in the law's creation. The existing research indicates that rates of rapes have decreased since major sex offender legislation was developed and implemented. However, the research has also demonstrated that no significant effect occurred regarding recidivism rates following the passage of sex offender legislation.</p>

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27

Owen, Larisa Elisabeth. "A Policy Analysis of California Veterans Treatment Court Legislation." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/3195.

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Veterans treatment courts (VTCs) and agencies that work with veterans experiencing posttraumatic stress and substance use disorders have been unable to provide evidence-based treatment that includes veterans' families in recovery and treatment. This limitation has resulted in treatment gaps that appear to have had an adverse impact on veterans and their families. The purpose of this qualitative content analysis was to examine the formulation of AB 2371, a 2012 legislative amendment to California code PC 1170.9, and evaluate whether lawmakers considered family-oriented treatment in passing the

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28

Abrahams, Eloise. "Efficacy of plain language drafting in labour legislation." Thesis, Peninsula Technikon, 2003. http://hdl.handle.net/20.500.11838/1742.

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Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003<br>The framework of the employment relationship is regulated by labour legislation. The relationship is known as the tripartite relationship, it is made up of the employer, employees normally represented by the union and the state. The state is responsible for the statutory and legislative framework within which this relationship is conducted.Legislation has been traditionally written in such a manner that only a selected group could understand and interpret it. The new dispensation in South Africa necessitated a move from t

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29

Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.

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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the

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30

Smit, Susan. "The South African Parliament's oversight of delegated legislation." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29476.

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This thesis presents an analysis of the South African Parliament’s attempts to create a mechanism to enable oversight of delegated legislation. The question sought to be addressed is, whether Parliament has done anything to create a mechanism to oversee the delegation of its law-making authority to the executive and if so, whether any of these efforts have been successful. This paper illustrated how the making of delegated legislation is not foreign to South Africa’s system of separation of powers as provided for in our Constitution and as interpreted by our courts. It is shown how, despite wh

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31

Du, Plessis Jan Andriaan. "The impact of minimum sentence legislation on South African criminal law." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.

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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High

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32

Grubbs, Judith Evans. "Law and family in late antiquity : the emperor Constantine's marriage legislation /." Oxford : Clarendon Press, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278979092.pdf.

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33

Mauger, Matthew. "Prophetic legislation : William Blake and the visionary poetry of the law." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1818.

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This dissertation examines the meaning of law in Blake's work. I argue that Blake's poetry intersects with contemporaneous challenges to the traditional model of the ancient constitution, a debate which I present as a conflict between custom and code. Blake's support for the French Revolution's overthrow of the customary systems of the ancien regime is countered by his nervousness about the rights-based discourse advanced by leading radical intellectuals such as Thomas Paine, a belief that the new systems which they proposed merely re-stated those which they sought to replace within an even na

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34

Türk, Alexander. "The concept of legislation in European community law : a comparative perspective /." Alphen aan den Rijn : Kluwer law international, 2006. http://catalogue.bnf.fr/ark:/12148/cb402139874.

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35

Grubbs, Judith Evans. "Law and family in late Antiquity : the emperor Constantine's marriage legislation /." Oxford (GB) : Oxford university press, 2003. http://catalogue.bnf.fr/ark:/12148/cb40041584s.

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36

Ngema, Phumelele O. P. "Constitutional rationalisation of legislation dealing with traditional justice system." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18616.

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My thesis addresses the question of whether an imposed traditional justice system operating through traditional courts is still relevant in South Africa. I interrogate whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional leadership at a local level. As a unitary democratic state with diverse cultures, the Constitution also acknowledges and grounds diversity wh

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37

Babin, Dominique. "The Canadian pharmaceutical patent regime in the world trading system /." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29957.

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In 1994, the members of the World Trade Organisation (WTO) adopted the Agreement on Trade-Related Aspects of Intellectual Property (the "TRIPs Agreement") and thus committed themselves to respect certain standards for intellectual property protection. This thesis studies the scope of the standards for patent protection and their impact upon trade in medicines. The first part addresses the international dimension of the issue and explains how international trade in medicines can contribute to enhancing the level of global welfare. The first chapter argues that in order to fulfil this latter obj

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38

Lovgren, A. Craig. "How to amend a statute: The drafting and interpretation of amending legislation." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7474.

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This thesis looks at the drafting and operation of amending legislation in the light of two paradigms of statute law. Part One examines the paradigm which developed in Great Britain in the nineteenth century. That paradigm emphasized the fragmentary character of the statute law. Ilbert analysed the techniques of amendment and concluded in favour of the use of indirect amendment and against the use of textual amendment. Another paradigm of statute law developed in the United States, Canada and Australia in the nineteenth century. It emphasizes the potential coherence of the statute law and trie

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39

Al, Saedan Ahmad A. K. "The law governing oil concession agreements and the permanent sovereignty of states over their natural resources : with special reference to Islamic Shari'ah law." Phd thesis, Faculty of Law, 1992. http://hdl.handle.net/2123/8638.

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40

Loock, Madelaine. "The application of BEE legislation on employment." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17990.

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BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will

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41

Jovanovich, Juan Martʹin. "Customs valuation and transfer pricing : is it possible to harmonize customs and tax rules?" Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31165.

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There is an overlap between the transfer pricing concepts that apply under tax and under customs regimes. This thesis aims to demonstrate (i) that customs and tax laws often share common principles in respect of related-party transactions; (ii) that transfer pricing as agreed to under one discipline should be recognized under the other; (iii) that the OECD Transfer Pricing Guidelines constitute a body of rules that is appropriate to supplement the related party provisions of the GATT/WTO Valuation Code ("GVC"); and (iv) that such guidelines are generally in accordance with the provisions of th

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Zhu, Lin. "Law, politics and finance." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580077.

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Smirensky, Alvian N. "Matrimonial legislation in imperial Russia, 1700-1918." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

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44

Williams, Matthew. "The language of legislation and the politicisation of British judges." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:31b03113-216f-4291-8635-aa4aa7e287f0.

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Over the course of the 20th and 21st Centuries the judiciary have increasingly made decisions that have affected the substantive content and the procedural implementation of public policy. The aim of this thesis is to provide an explanation for this political behaviour in judges by introducing the Legislative Politicisation of the Judiciary Theory to the debate. The theory proposes that the key independent causal variable is the language of Parliamentary legislation. The argument is that as legislation has been increasingly used to delegate power from Parliament to its various agents, the lang

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Barr, Diane Louise. "The right to one's reputation: Applicable legislation in the United States of America." Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/6518.

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46

Harrison, Peter, and n/a. "A THEORY OF LEGISLATION FROM A SYSTEMS PERSPECTIVE." University of Canberra. Law, 2007. http://erl.canberra.edu.au./public/adt-AUC20081204.115715.

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In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I se

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47

Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.

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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dis

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Horton, Jonathan Mark. "Limits of legislation as a source of law : an historical and comparative analysis." Thesis, University of Edinburgh, 2015. http://hdl.handle.net/1842/20987.

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We are habituated to an hyperactive legislature and the proliferation of legislation. The legislature hurtles along, causing Anglo-American legal systems to degenerate into massive, and often meaningless, contradictory or trivial blocks of rules and norms, and ones which are beyond the ordinary citizen or corporation to know and fully to meet. Legislation’s demands are ever-increasing: it grows in volume, in ambition, and it seems to recognise no end to its capacity and entitlement to regulate the most detailed, most banal or most technical of affairs. It has lost any means by which to priorit

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Nzimande, Eric Sibusiso. "Minimum sentence legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012041.

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Legislation regulating minimum sentences in South Africa was re-introduced by sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which came into operation on 1 May 1998. These provisions were regarded as a temporary measure to be effective for two years, where after they were extended from time to time. After they had been extended for several times, section 51 was rendered permanent on 31 December 2007 by the Criminal Law (Sentencing) Amendment Act 38 of 2007. At the same time sections 52 and 53 were repealed by the same Act. Minimum sentence legislation was the result of a call

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Handa, Rish. "The extraterritorial dimension of patent law systems /." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112602.

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This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court's landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; an

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