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Zoutman, Bernice Nicole. "The challenge associated with upholding the human rights of asylum seekers during the refugee status determination process in South Africa." University of the Western Cape, 2018. http://hdl.handle.net/11394/6490.
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Magister Legum - LLM (Public Law and Jurisprudence)Foreign nationals regularly finds themselves seeking refuge in a host country such as South Africa. One would expect that due to comprehensive legislation ranging from national to international level, foreign nationals would be received in conditions appropriate to their circumstances. However, whether that is in fact the case remains to be a matter of great controversy. The main purpose of this study is to determine whether or not the South African refugee status determination process is legally compliant with its obligations under domestic, regional and international human rights law. By focusing on the refugee status determination process it could best be determined whether the process is legally compliant with the applicable legislative provisions by focusing on what occurs during the application for refugee status in practice. The research question will be answered by focusing on domestic, regional and international legislative provisions, case law, journal articles and academic textbooks amongst other sources. The primary legislative obligation that South Africa has towards asylum seekers is to provide protection to those in genuine need thereof, which requires that the country must refrain from violating their human rights. However the study has revealed that even though South Africa portrays a strong will to protect the rights of asylum seekers, the country still has a long way to go before it is actually achieved. Numerous of asylum seekers still finds it challenging to apply for asylum and to simultaneously enjoy constitutionally guaranteed human rights within the territory of South Africa. Research has established that although South Africa aims to ensure that its asylum system complies with its obligations towards asylum seekers under domestic, regional and international human rights law, there however remains multiple of instances where the country is still in violation of multiple human rights of asylum seekers.
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Rotimi, James Olabode Bamidele. "An Examination of Improvements Required to Legislative Provisions for Post Disaster Reconstruction in New Zealand." Thesis, University of Canterbury. Civil and Natural Resources Engineering, 2010. http://hdl.handle.net/10092/4145.
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Previous disaster management studies allude to the problems of coordination and the
difficulties that may be associated with the implementation of recovery programmes in
New Zealand. These studies have also indicated opportunities for improving the current
recovery and reconstruction framework in advance of a major disaster. They have shown
that much existing legislation were not drafted to cope with wide-scale devastations and
were not developed to operate under the conditions that will inevitably prevail in the
aftermath of a severe disaster.
This thesis therefore explores improvements that could be made to legislative provisions so
that they facilitate large-scale recovery management in New Zealand. Three legislative
documents are in view: Civil Defence Emergency Management (CDEM) Act, Resource
Management Act (RMA) and Building Act (BA). The research investigations involved
qualitative research methodology using multi-methods to determine the practical
implication of implementing current reconstruction arrangement under these legislative
documents. The methods employed include: interviews, document analysis, focus group
study, surveys, and the use of subject matter experts for research verification.
Results show that the three legislative documents may become sources of vulnerability in
post disaster reconstruction because of their influence on the timely achievement of
recovery objectives. The impediments posed by these legislative documents are mainly in
the form of procedural constraints; ambiguities in rights and responsibilities for recovery
management; and deficiencies in the intents and purposes of the legislative documents.
More general results show that pre-planning the management of disaster resources; and
collaborative arrangements for response and recovery programmes are a pre-cursor to
effective and efficient management of reconstruction in New Zealand.
The research concludes by providing useful recommendations that are specific to the three
legislative documents and other general recommendations. It is hoped the implementation
of these recommendations could improve the robustness of the current reconstruction
framework so that it is able to cater for the complex needs of rebuilding for resilience in
New Zealand.
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Wilson, Laura-Anne. "Unshackling South African artisanal miners: Considering Burkina Faso's legislative provisions as a guideline for legalisation and regulation." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29638.
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Artisanal mining in South Africa is not recognised as a legal activity in the primary legislation regulating mining, the Mineral and Petroleum Development Act (MPRDA) 24 of 2002. This contrasts with the reality in Burkina Faso, and numerous African jurisdictions, where mining provisions regulate this rudimentary form of small-scale mining. Without formal recognition, the socio-economic potential of artisanal mining to create jobs and sustain livelihoods is not realised. This is a missed opportunity to increase employment opportunities South Africa’s mining industry which, in response to falling commodity prices and rising labour costs, is experiencing significant retrenchments annually. This dissertation argues for an explicit artisanal mining provision in the MPRDA. The existing mining permit, which provides for small-scale mining activities, does not specifically include this basic manual activity. In fact, the mining permit requirements that small-scale miners must satisfy to operate legally are too onerous to comply with. The overarching recommendation is an ‘Artisanal and Small-Scale Mining (ASM) for SA Strategy’, involving the amendment of the existing policy and legal framework regulating both artisanal and small-scale mining, and the improvement of accompanying support initiatives. It is based on the premise that the revision of mining regulations, to recognise the rights of artisanal and small-scale miners, is an essential feature of the formalisation of ASM operations. Drawing on the experience in Burkina Faso specifically, and sub-Saharan Africa generally, this dissertation explores the persistence of ASM and why it often occurs informally. The overlap between informality and illegality is notoriously vague, particularly in South Africa where legislative distinctions are lacking. This research, initiating studies in a field of law that lacks comprehensive examination, attempts to highlight the nuances of ASM activities in South Africa, and how they can be integrated into the formal sector. These range from subsistence artisanal mining that is driven by poverty, to the artisanal mining forming part of international criminal syndicates. Both are illegal, but only one group intends to be. It is proposed that the regulation of artisanal mining in South Africa can harness its potential to create employment opportunities, generate state revenue, mitigate the negative environmental and health and safety consequences of ASM, fulfil the transformative objects of the MPRDA and help address the issue of illegal mining currently threatening the mining industry. To realise this potential, however, ASM operators need to overcome the challenges that prevent them from operating sustainably in the formal sector. Namely, bureaucratic and costly application processes, financial and technical constraints, a lack of business knowledge and access to markets, and a prevailing absence of institutional support. This dissertation explores these challenges and highlights the support initiatives needed for their redress. It further articulates the areas for future research which, along with legislative amendments and accompanying support, will help develop the ASM sector for the benefit of historically disadvantaged South Africans.
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Klvaňa, Roman. "Vyhodnocení legislativních předpisů pro speciální silniční přepravu mezi Českou republikou a Balkánským poloostrovem." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2011. http://www.nusl.cz/ntk/nusl-232536.
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This thesis is focused on analysis of the legislative regulations for special road transportation between Czech Republic and the Balkan Peninsula. In this work, special transportation stands for heavy and bulky costs that exceed the maximum limits. To carry out such transportations, following the legal standarts of each state where the intended destination is (Slovakia, Hungary, Romania, Bulgaria, Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, Serbia, Kosovo and Macedonia), is needed. The work is divided into chapters that deal with these issues and provide an overview of the legal standards which must be fulfilled in these particular states. The result of this thesis is to provide the necessary information to Czech transporter to perform these special transportations.
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Koryťák, Antonín. "Vyhodnocení legislativních předpisů pro speciální silniční přepravu mezi Českou republikou a postsovětskými zeměmi." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2010. http://www.nusl.cz/ntk/nusl-232487.
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he theme of this work is the issue of international transport, transport costs in implementing the dimensions and weight exceeds the maximum specified value. Emphasis is placed mainly on road safety, which is ensured by legislative provisions governing the conditions for the transport of oversized cargo. In particular, a variety of security measures such as coordination of the operation with the requirements of different organizations, or for the fees and charges for exceeding the limit size and weight. The benefit of this document will become an overview of the legal standards applicable to the various destinations (Lithuania, Latvia, Estonia, Russia, Ukraine, Belarus), for Czech carrier use. Using this information, should be provide quality transportation services for oversized shipments.
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Handová, Jitka. "Vyhodnocení legislativních předpisů pro speciální silniční přepravu mezi Českou republikou a Rakouskem, Německem, státy Beneluxu a Velkou Británií." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2011. http://www.nusl.cz/ntk/nusl-264821.
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The diploma thesis is focused on the evaluation of legislation for special transport between the Czech Republic and some member states of the European Union. The term special transport comprises the transport of very heavy and oversize loads which exceed limits allowed by the legislation of member states and the European Union itself. The diploma thesis is preferentially concentrated on regulations providing limit dimensions, transport conditions and elements that ensure safe transport of loads to the target destinations – Germany, Austria, Belgium, Luxembourg, the Netherlands, the United Kingdom. The final document is going to become the overview of information for freighters who can apply it in the process of preparation and the following ensuring of oversize loads to the countries, see above. The results of the diploma thesis can be applied by the institutions in the branch of international freight, the police or the institutions of the public administration.
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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 it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.
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Braga, Ricardo de João. "O processo decisório legislativo na criação e reforma do BACEN e do CMN em 1964 e 1994: incerteza, cooperação e resultados legislativos." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=4591.
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Esta tese analisa o processo decisório legislativo nos casos da criação e reforma do BACEN e do CMN em 1964 e 1994, ocorridos no âmbito de planos exitosos de combate à
inflação (PAEG e Plano Real, respectivamente). A definição de um formato institucional para a autoridade monetária é uma escolha dos legisladores em termos da produção da política
pública de responsabilidade daqueles órgãos, que em ambos os casos foi importante na busca da estabilidade de preços. A partir da Teoria Política Formal utilizaram-se dados primários e
fontes secundárias para construir modelo e hipóteses que consideraram as dimensões de interesse geral (combate à inflação) e de políticas particularistas/distributivistas (crédito rural e representação privada no CMN). Concluiu-se que em ambos os processos a iniciativa do Poder Executivo foi fundamental para o resultado final, contudo, em ambas as situações, mesmo durante o ano de 1964 (período militar), o Legislativo teve papel relevante na definição do formato final de ambas as decisões. No primeiro caso houve uma barganha entre os Poderes Executivo e Legislativo para aprovação da proposta, que envolveu concessões no sentido de garantir representação privada no CMN e a institucionalização do crédito rural. No segundo caso o uso da Medida Provisória caracterizou uma forma diferente de coordenação entre os poderes, em que a MP atuou para diminuir a incerteza em relação aos resultados do plano e às alterações na composição do CMN e assim permitir a aprovação da matéria. Os resultados da tese, favorecidos pela comparação de dois períodos diversos do sistema político brasileiro, colaboram com a análise das relações Executivo-Legislativo, sobretudo ao
valorizar os instrumentos legislativos do Presidente da República e a forma de equacionamento da incerteza nos processos decisórios. Ainda, permite-se um maior conhecimento da realidade legislativa durante o ano de 1964, quando, ao menos para a Reforma Bancária, não se pode falar de solapamento dos poderes e prerrogativas do Congresso Nacional pelo governo militar.This thesis analysis two legislative decision making process that created and reformed BACEN and CMN in 1964 and 1994, occasions of successful economic stabilization plans (respectively PAEG and Plano Real). The institutional form of the monetary authority represents a political choice to perform certain public policies, what was important to achieve price stabilization in both cases. A model based on Analytical Theory was build and it used primary data and bibliographical sources to test hypothesis. The model and its hypothesis considered general interests (stabilized prices) and particularistic interests (private representation at the monetary authority and loans to agricultural activities). Results showed that the Executive Branch was important when initiate both legislative process, however, the Legislative Branch was important too, even during the Military Government initiated in april 1964. In the first case Executive and Legislative branches swap support, when Executive Branch conquered a new format to monetary authority and Parliament got private representation in the CMN and the building of the rural credit policy. In the second case, the use of provisional decree (Medida Provisória) made results of stabilization process and CMN reform safer, what could coordinate Executive and Legislative branches in a different way and put the Parliament pro-reform. The thesis results are important comparing two periods of Brazilian political system, which improves the knowledge about Executive-Legislative relations. Legislative instruments of Executive Branch and the management of uncertainty are central elements in this comparison. Besides, the thesis increases the knowledge about Brazilian Congress during the first year of Military Government, showing that for Bank Reform Parliament was important and could influence the institutional format of the monetary authority.
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Haffejee, Yaasir. "A critical analysis of South Africa's general anti avoidance provisions in income tax legislation." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1243.
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This treatise was undertaken to critically analyse the new general anti avoidance rules (new GAAR) as set out in sections 80A to 80L of the Income Tax Act1. A discussion on the difference between tax evasion and tax avoidance was performed in the first chapter. The goals of this treatise were then set out. An analysis of the requirements for the application of the new GAAR was performed in the second chapter. The courts have historically reviewed the circumstances surrounding an arrangement when determining whether tax avoidance has occurred. The new GAAR requires the individual steps of an arrangement to be reviewed in isolation. Secondly, the courts have historically held that the purpose test, when determining the taxpayer‘s purpose, was subjective. The wording of the new GAAR indicates that this test is now objective. Thirdly, the courts have historically viewed the abnormality of an arrangement based of the surrounding circumstances. The wording of the new GAAR requires an objective view of the arrangement. An analysis of the secondary provisions contained in sections 80I, 80B and 80J of the new GAAR was performed in the third chapter. With regards to section 80B, it was submitted that the Commissioner should issue an Interpretation Note detailing all the methods ―he deems appropriate.
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Verde, Julianna Villa. "As medidas provisórias e a relação executivo-legislativo no Brasil (1988 – 2014)." Master's thesis, Instituto Superior de Ciências Sociais e Políticas, 2017. http://hdl.handle.net/10400.5/14073.
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Dissertação de Mestrado em Ciência PolíticaEsta dissertação descreve a interação entre os poderes Executivo e Legislativo no sistema político brasileiro após o fim do regime militar (1964 a 1985) e a transição para a democracia. O período analisado tem início na promulgação da Constituição Federal de 1988 e termina em 2014, compreendendo oito mandatos presidenciais, de José Sarney, Itamar Franco, Fernando Collor de Mello, Fernando Henrique Cardoso, Luiz Inácio Lula da Silva e Dilma Roussef. A análise sobre a preponderância do poder Executivo no processo legislativo brasileiro tem como foco a Medida Provisória, instrumento a dispor do presidente que, no momento de sua edição, ganha caráter automático de lei, a vigorar provisoriamente e com prazo para deliberação na casa legislativa. Procura-se contextualizar o uso da Medida Provisória no âmbito do chamado Presidencialismo de Coalizão brasileiro e compreender, por meio de análise quantitativa, a recorrência a este recurso pelos presidentes do período estudado. Além disso, pretende-se entender os movimentos do Congresso Nacional no sentido de limitar a atuação legislativa da presidência, pela análise da Emenda Constitucional nº32 de 2001 e seus efeitos no processo legislativo.
This dissertation describes the interaction between Executive and Legislative powers in the Brazilian political system after the end of the military regime (1964 a 1985) and the transition towards a democracy. The analysed period begins with the publication of the Federal Constitution of 1988 and ends in 2014, consisting in eight presidential mandates, of José Sarney, Itamar Franco, Fernando Collor de Mello, Fernando Henrique Cardoso, Luiz Inácio Lula da Silva and Dilma Roussef. The analysis about the preponderance of the Executive power over the legislative process in Brazil focuses on the Provisional Measure, instrument in hands of the President that, in the moment of its edition, gains automatic status of law, being provisionally enforced and with a deadline of deliberation in the Legislative branch. We look to provide a context of the use of the Provisional Measures in the scope of the so called Brazilian Coalition Presidentialism and comprehend, by a quantitative analysis, the frequence of the use of this resources by the presidents in the studied period. Besides that, we intend to understand the movements of the National Congress to limit the legislative action of the presidency, through the analysis of the Constitutional Amendment nº32 of 2001 and its effects in the legislative process.
N/A
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Campbell, Paula. "A critical examination of the legislative and policy framework governing ECD service provision in South Africa since 1994." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/10200.
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Includes bibliographical references.The dissertation begins with a critical analysis of the historical and political context as regards ECD that was inherited by the ANC government of 1994. It moves on from there to examine the various plans, policies and legislation shaping ECD service provision between 1994 and the introduction of the National Integrated Plan for ECD in South Africa in 2005.
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Fourie, Catherine. "Fairness and efficacy of the penalty provisions in the Tax Administration Act 28 of 2011." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12426.
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The purpose of this treatise was to examine the fairness and efficacy of the penalty provisions in the Tax Administration Act (the Act). An integrative literature review research method was used. The study commenced with a review of the local and international literature on tax compliance and the fairness and efficacy of penalties. This was followed by a study of the stated objectives of the Fiscus in respect of the strategy and approach to maintaining and improving taxpayer compliance and an analysis of the penalty regime of the Act. A comparative analysis was then performed of the relevant taxing legislation of five countries, which were chosen using a purposeful sample selected from the major trading partners of the Republic and countries with a similar tax framework. Following this, a review was performed of a cross section of the most recent tax related court cases in South Africa in order to assess the extent, consistency and fairness of the application of the penalty provisions. The study then concluded with an integrated assessment of the fairness and efficacy of the penalty provisions in light of the research conducted, and highlighted areas where the legislation appears to meet this objective, followed by recommendations for amendments in respect of policy and implementation. Finally recommendations were made for areas of further research which might improve the validity of the conclusions with respect to the stated objectives of the present research and to inform policy formulation.
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SANTOS, Diogo de Almeida Viana dos. "Provisional Measures as a Legislative Tool for Achieving Policy Efficiency and Obtaining Regime Legitimacy in 1990s Brazil." 名古屋大学大学院国際開発研究科, 2010. http://hdl.handle.net/2237/14054.
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Thompson, B. "Pornwars : Moral enterprise, pornography and social policy; the Local Government (Miscellaneous Provisions) Act 1982." Thesis, University of Essex, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.382524.
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Simokomaki, Giulia Yumi Zaneti. "A lacuna como omissão legislativa inconstitucional e suas consequências ao Poder Judiciário." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19684.
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The present project intends to analyze the theory of the legal gaps and theory of unconstitutional legislative omission and highlight their points of relationship and similarity. In order to address the first one, the goal was to demonstrate the transformations onto the “systemic conception”. Regarding the second one, the goal was to demonstrate the political context, starting from the Modern Law age, focusing on the constitutional movement and the framing of the Democratic State, proceeding through the theme of constitutional laws’ applicability, which originated the theory of unconstitutional legislative omission. With these two theories in place, we tried to link the points in which they relate, specially regarding the moment when the Judiciary appraise the cases. The objective, therefore, is to indicate a way of modernize the theory of unconstitutional legislative omission, on the search for the materialization of the constitutional rights
O presente trabalho pretende examinar a teoria das lacunas jurídicas e a teoria da omissão legislativa inconstitucional e notar seu(s) ponto(s) de relação e similaridade. Para abordar a primeira, procurou-se demonstrar as transformações na concepção sistêmica do Direito e do pensamento jurídico moderno que proporcionaram seu destaque. Para abordar a segunda, procurou-se demonstrar o contexto político, também partindo da era do Direito Moderno, com enfoque no movimento constitucional e na construção do Estado Social e Democrático de Direito, passando pela temática da aplicabilidade das normas constitucionais, que proporcionou o surgimento da teoria da omissão constitucional legislativa. Posta as duas teorias, buscamos traçar pontos de relação entre elas, especialmente no que tange ao momento da apreciação de demandas pelo Poder Judiciário. Intenta-se, desta forma, indicar uma via de renovação da teoria da omissão legislativa inconstitucional, na busca pela concretização dos direitos constitucionais
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Letarte, Lyne. "Régime juridique des provisions de bord en droit aérien = Legal status of aircraft stores." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63834.
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Jacobs, Willem Mattheus Johannes. "Commercial opportunities and threats as presented by selected provisions in South African labour legislation / W. M. .J. Jacobs." Thesis, North-West University, 2004. http://hdl.handle.net/10394/513.
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Oliveira, Fernanda Machiaveli Morão de. "Medidas provisórias: os efeitos não antecipados da EC 32 nas relações entre Executivo e Legislativo." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/8/8131/tde-02022010-145353/.
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A presente dissertação tem como objeto a emenda constitucional 32 de 2001, a qual regulamentou o uso das medidas provisórias, estabelecendo limites materiais para o seu conteúdo e um rito mais rigoroso de tramitação. Entre as principais regras estabelecidas, estavam o fim das reedições e o estabelecimento de um prazo de 45 dias para a apreciação das MPs pelo Congresso, sob pena de trancamento da pauta legislativa. A dissertação analisa, em primeiro lugar, as razões que levaram os parlamentares a aprovarem as novas regras. O argumento defendido é que não se tratou de uma reação do Congresso contra a usurpação da função legislativa pelo Presidente, como fora justificado na época. O avanço da PEC das MPs se deveu sobretudo à divisão interna na coalizão de governo, que abriu espaço para a atuação estratégica da oposição. Além disso, a mudança no posicionamento dos ministros do Supremo Tribunal Federal e a campanha da OAB pela limitação do instrumento aumentaram os custos da protelação na apreciação da proposta. Os jogos que ocorriam em outras arenas alteraram os payoffs dos atores na arena parlamentar, criando incentivos para a cooperação entre governo e oposição. Finalmente, a aproximação das eleições presidenciais e a incerteza sobre os papeis que cada partido desempenharia no próximo governo propiciaram um contexto favorável ao acordo. Em seguida, são investigados os efeitos das novas regras sobre a relação entre Executivo e Legislativo. Ao contrário do esperado, o novo rito de tramitação não foi efetivo na redução das medidas provisórias. O uso do instrumento foi intensificado nos anos seguintes à aprovação da emenda constitucional. A principal razão foi o mecanismo de trancamento de pauta estabelecido pela EC 32, o qual conferiu ao Presidente amplo controle sobre a pauta legislativa. As MPs passaram a ser apreciadas em 120 dias, com alto percentual de aprovação. O efeito inesperado da emenda constitucional é explicado pelos pressupostos equivocados que motivaram a campanha pela limitação das MPs. A usurpação dos poderes legislativos era justificada pela paralisia do Congresso, que não apreciava as medidas provisórias deixando espaço para o Executivo legislar unilateralmente. A intensificação do uso do instrumento no período seguinte à EC 32 confirma que as medidas provisórias não são usadas contra as preferências da maioria. Ao contrário, mesmo com a obrigatoriedade de votação em Plenário e o uso frequente de mecanismos legislativos de negação de quórum pela oposição, o governo sai vitorioso em grande parte das votações. Assim, o controle da agenda é útil para coordenar as preferências da maioria e reforçar o seu poder.This dissertation focuses on the Constitutional Amendment n.32 of 2001, which regulates the use of provisional measures (the Brazilian president´s executive decrees) and sets material limits on its content and more rigorous proceedings. Among its main rules were the prohibition of decree re-issuances and the establishment of a 45-day period for provisional measures to be appreciated by the Congress, under penalty of limiting the legislative agenda. First, the dissertation examines the reasons that led lawmakers to adopt the new rules. The argument is that such adoption was not the congressmen´s reaction against the president´s usurpation of the legislative function, as had been then justified. The advance in the constitutional amendment of the provisional measures results mainly from an internal division in the government coalition, which paved the way for the strategic behavior of the opposition. Moreover, changes in the opinion of the Justices of Brazilian Supreme Court and the Brazilian Bar Association´s campaign for the limitation of the instrument increased the costs of delaying the assessment of the proposal. Events taking place in other arenas have changed the payoffs of the players in the parliamentary arena, creating incentives for cooperation between government and the opposition. Finally, the upcoming presidential elections and the uncertainty about each party´s roles in the next government provided an environment conducive to agreement. Next, we investigated the effects of the new rules in the relationship between executive and legislative branches. Contrary to expectations, the new proceedings failed to reduce the number of presidential decrees. The use of the instrument increased in the years following the approval of the constitutional amendment. The main reason was the mechanism to limit the agenda under Constitutional Amendment n.32, which secured the president wide control over the legislative agenda. The provisional measures started to be assessed within 120 days, with a high percentage of approval. The unexpected effect of the constitutional amendment is explained through the flawed assumptions that led the campaign for the limitation of provisional measures. The \"usurpation of legislative powers\" was justified by the paralysis of Congressmen, who refrained from voting the provisional measures and left room for the Executive to legislate unilaterally. Broader use of the instrument in the period following the Constitutional Amendment n.32 confirms that the provisional measures are not used against the preferences of the majority. Instead, even with mandatory voting in the floor and the frequent use of legislative quorum denial mechanisms by the opposition, the government emerges victorious in most of the votes. Thus, control of the agenda is useful to coordinate the preferences of the majority and strengthen its power.
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Panush, Louis. "The Expressive Goals of Bias Crime Legislation and the Media." PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/206.
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State level bias crime legislation was passed throughout much of the United States over the last three decades. Beyond their prosecutorial or instrumental application, bias or hate crime laws serve an expressive or messaging function. This function is meant to promote societal cohesion through the rejection of hateful ideologies, as well as signal to attacked or marginalized members of communities that the government is directly addressing the effects of bias crime. As the number of reported hate crimes in the United States remains essentially level, it is of importance to assess how well the expressive function is performing. Following a background on the development, debate, and variation of bias or hate crime law, this project focuses on a content analysis of prominent state level media with the expectation that the expressive success of laws can be detected in bias crime coverage. It is found that bias crime related stories were featured with greater regularity in the states of Washington and Minnesota, which have passed extensive bias crime legislation. Bias crime related stories were far less prominent in South Carolina, which has no bias crime laws. The State of Wyoming, another state with no bias crime laws, displayed a surprisingly large amount of coverage, primarily as a result of the high-profile murder of Matthew Shepard in 1998.
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Boudou, Guillaume. "L’émergence de la liberté d’association en droit français (1810-1848)." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100133.
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Cette thèse interroge l’affirmation de l’historiographie dominante selon laquelle la liberté d’association consacrée par la loi du 1er juillet 1901 résulte d’un compromis politique ayant mis fin à une évolution débutée avec la Seconde République et poursuivie au cours de la seconde moitié du XIXe siècle. Elle montre : 1o – que le processus d’émergence de la liberté d’association en droit français s’est déployé au cours de la première moitié du XIXe siècle (1810-1848) ; 2o – que ce processus a emprunté les vecteurs d’émergence formés par les prescriptions législatives (Code pénal napoléonien, ordonnance royale du 5 juillet 1820, loi du 10 avril 1834) et la pratique judiciaire (poursuite, instruction, jugement, recours) ; 3o – que ce processus a été le produit de facteurs négatifs (abstention des pouvoirs publics consécutive aux limites posées par la loi à leur action liberticide, et tempérance de la répression judiciaire) et de facteurs positifs (conceptualisation juridique de l’association autour du contrat, de la permanence et du rejet du lucre). Ce faisant, elle met en évidence les insuffisances du régime de personnalité et de capacité juridiques des associations, fondement de la liberté de l’association, et nécessaire à l’affirmation durable de la liberté d’associationThis thesis questions the affirmation of dominant historiography according to which the freedom of association enshrined in the law of 1st July 1901 is the result of a political compromise that put an end to an evolution which started with the Second Republic and continued during the second half of the 19th century. It proves that: 1o – the process of the emergence of freedom of association under French law took place during the first half of the 19th century (1810-1848); 2o – this process used the vectors of emergence formed by legislative provisions (Napoleonic Criminal Code, Royal Decree of 5 July 1820, Law of 10 April 1834) and judicial practice (prosecution, investigation, judgment, appeal); 3o – this process was the result of negative factors (abstention of the public authorities following the limits set by law to their liberticidal action, and temperance of judicial repression) and positive factors (legal conceptualisation of the association around the contract, permanence and rejection of profit). In so doing, it highlights the shortcomings of the regime of legal personality and capacity of associations, which is the foundation of the freedom of association and necessary for the sustainable affirmation of the freedom of association
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Singer, Susan Sullivan. "Acid rain provisions of the 1990 clean air amendments : affects on residential electric customers /." Thesis, This resource online, 1991. http://scholar.lib.vt.edu/theses/available/etd-09192009-040223/.
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Andrews, Matthew Ronald. "Legislation, administrative change and service provision in South African municipalities, 1995--2000: A study of institutional reform." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2002. http://wwwlib.umi.com/cr/syr/main.
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SCHONEMAN, TRUDY ANNE. "RELATED SERVICE PROVISIONS OF PUBLIC LAW 94-142: ISSUES AND RULINGS (PL94-142)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/188098.
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The difficulties in interpreting and implementing the related services required under the Education for All Handicapped Children Act of 1975 have generated many state and federal court cases, state and local administrative hearings, and federal policy letters. However, these court cases, hearings, and policy letters have resulted in some contradictory rulings pertaining to the provision of related services. The purpose of this study was to (1) examine the issues associated with the provision of related services, (2) determine how they have been resolved in these administrative and judicial procedures, and (3) more clearly delineate what related services must be provided by school districts. This study utilized a descriptive research design. Using a documentary analysis method, state and federal court cases, state administrative hearings, and federal policy letters were analyzed. The analysis was divided into two major sections: issue analysis and issue resolution. The issue analysis section included the background of both the subject and the issues, as well as the specific interpreting body. The issue resolution section included the rulings and the rationale for each division. Data from each court case, administrative hearing, and policy letter were recorded on an individual analysis form. Data from each individual analysis form were then recorded on a corresponding matrix specifically designed to display information in relation to each research question. As a result of this study, it was determined that two issues generated policy interpretations or rulings by the courts, state administrative hearings, and/or policy letters. The first issue pertained to the definition of related services and whether or not a specific service was a related service within the federal definitions. The second issue revolved around the determination of a student's need for a service or eligibility for a service. An analysis of the rulings indicated that school districts were required to provide the contested related service in 67% of the cases in this study. It was also determined that the interpreting bodies broadened the definition of related services by ruling school districts to provide services that were not named or defined in the federal regulations of Public Law 94.142.
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Ponce, Michael. "Healthcare fraud and non-fraud healthcare crimes: A comparison." CSUSB ScholarWorks, 2007. https://scholarworks.lib.csusb.edu/etd-project/3233.
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Healthcare fraud is a major problem within the healthcare industry. The study examined medical fraud, its laws, and punishments on federal and state levels. It compared medical fraud to non-fraud crimes done in the healthcare industry. This comparison will be done on a state level. The study attempted to analyze the severity of fraud against non-fraud and that doctors would commit fraud offenses more often than non-fraud offenses.
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Thornthwaite, Sian Elisabeth. "The effects of legislative, demographic and social changes on the provision of school transport services by local education authorities in the United Kingdom." Thesis, University of Newcastle Upon Tyne, 1991. http://hdl.handle.net/10443/395.
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The current basis of school transport provision by the Local Education Authorities was introduced during the 1940s with the role of facilitating the attendance of pupils at the nearest appropriate school and ensuring that access to education was not based upon a child's place of residence or upon parental means. To meet this objective, the provision of free school transport was considered necessary if a child lived beyond the minimum walking distances, established as two miles for pupils of under eight years of age (eleven years in the case of Northern Ireland) and three miles for older pupils. In addition, Local Education Authorities have wide discretionary powers to provide school transport to pupils not statutorily entitled. During the past twenty years, this basis of provision has received repeated criticism for failing to address the issues of rising expenditure on school transport, equity, road safety and parental choice of school. This thesis, therefore, examines the long term demographic and social trends affecting the provision of school transport services by the Local Education Authorities and the institutional responses to these trends. It also examines the current provision of school transport at individual authority level and the recent changes to both public transport and education legislation, to establish whether there is a case for changing the basis of provision to address these issues. Having established that there is a case for changing the basis of provision, recent proposals for change are reviewed and alternative bases of provision, including the system of school transportation in the USA, are discussed in the context of the issues on which criticism has focussed. This shows that the three alternative bases of provision with the scope to address these issues to the greatest extent are: widening the availability of free school transport to all pupils; reducing the minimum walking distances; and flat-fare charging. These three alternatives are then evaluated, with the economic implications of their introduction, not only for the Local Education Authorities, but also parents and society in general, being assessed. From this, it is concluded that the introduction of a flat-fare charging policy could address all the issues to the greatest extent, whilst offering the most economically feasible alternative basis for the provision of school transport provision by the Local Education Authorities in the UK.
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Kirkland, Lynn. "THE INFLUENCE OF THE SCHOOL CHOICE PROVISION, WITHIN THE NO CHILD LEFT BEHIND LEGISLATION, ON THE ACADEMIC ACHIEVEMENT OF STUDEN." Doctoral diss., University of Central Florida, 2009. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/3783.
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The No Child Left Behind (NCLB) Act of 2001, Public Law 107-110 (U.S. Congress), was passed by Congress in response to perceived failure of the public school system to effectively educate students, particularly disadvantaged students in the United States. The relationship of NCLB school choice to student achievement has not been clearly established. This causal-comparative study examined the following: (a) FCAT mathematics and reading achievement gains of targeted fourth through eighth grade NCLB choice students and a comparison group of eligible non-choosers with matching demographic characteristics; (b) the pre-test academic ability levels of NCLB choice students in fourth grade through eighth grade as compared with the achievement levels of eligible non-choosers, and; (c) differences in the ethnic and socioeconomic characteristics of choice students versus eligible non-choosers in kindergarten through eighth grade, and the impact of those differences on the demographic composition of individual schools. Differences in the achievement gains and in the pre-test achievement levels of NCLB choice students and the comparison groups were not statistically significant. NCLB choice students tended to have different ethnic and socioeconomic characteristics from their non-choosing peers. The effect of NCLB choice on Title I students and schools was discussed, and NCLB choice implementation issues were identified.Ed.D.
Department of Educational Research, Technology and Leadership
Education
Educational Leadership EdD
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Davis, Whitney Michelle. "THE DECISION TO DECENTRALIZE GOOD PROVISION IN THE UNITED STATES: A STUDY IN CLEAN ENERGY POLICY." UKnowledge, 2019. https://uknowledge.uky.edu/msppa_etds/32.
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Normative economic theory provides justification for at least partially centralized renewable energy provision due to the large, positive externalities associated with renewable energy production. However, the United States is one of the few countries without centralized renewable energy policy. Instead, the federal government actively chooses decentralized renewable energy provision by using fiscal transfers to support subnational renewable energy development. This dissertation explores why U.S. legislators choose decentralized renewable energy provision by asking two primary questions. First, what is the motivation for using federal fiscal transfers for decentralized renewable energy output considering what we know about positive spillovers and market failure associated with decentralized renewable energy production? Second, do fiscal transfers for decentralized renewable energy provision increase renewable energy production at the local level? The theoretical model proposed in Chapter Four posits why policymakers choose decentralized renewable energy provision. The chapter argues that the current political price associated with a specific policy issue affects legislators’ choices regarding good provision. I hypothesize that when the political price associated with vying for centralized good provision is high, legislators are incentivized to choose decentralized good provision. Chapter Five applies this theory to empirically evaluate the choice to decentralize renewable energy provision. The chapter examines whether the current political price of renewable energy policy affects the likelihood of a legislator proposing decentralized funding for renewable energy provision. I hypothesize that legislators will propose funding to support decentralized renewable energy development when the political price associated with renewable energy policies is high at a given time. The results show that when the political price of renewable energy policy is low, a policymaker is less likely to use grants to support renewable energy projects, finding support for the hypothesis. Chapter Six empirically evaluates the effectiveness of renewable energy grants at the local level to further understand the theoretical model proposed in Chapter Four. I hypothesize that receiving a renewable energy grant increases renewable energy output at the local level. The results support this hypothesis by showing that receiving a renewable energy grant is associated with significant and positive increases in solar energy production. These findings provide further insight into legislative decision-making and the role of renewable energy grants in renewable energy development in the U.S.
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Mpati, Lungisa. "Termination of employment contract by operation of law in the education sector: the constitutionality and validity of the deeming provisions." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1600.
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Fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. Under the common law, if an employee did that, the employer would be entitled to dismiss him or her on notice. The International Labour Organization Convention (ILO) 158 of 1982 provides that the employer must have a reason for a dismissal and sets out broad categories or reasons for dismissals . Section 23 of the Constitution of the Republic of South Africa, 1996(Act 108 of 1998) provides that “Everyone has the right to fair labour practices”. Section 33 of the Constitution provides that “Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) is designed to give effect to just administrative action. Section 1 and 3 of the Labour Relations Act,1995(Act 66 of 1995)(LRA) require compliance with Article 7 and 8 of the ILO Convention 158 of 1982, when the employment of a worker has been terminated by his or her employer. The LRA protects employees against unfair dismissal. In the Department of Education, Section 14(1)(a) of the Employment of Educators Act, 1998 provides for the discharge of an educator in the event that he or she absents himself or herself from work for a period exceeding 14 consecutive days without the permission of the employer. A similar provision, Section 17(5)(a)(i) of the Public Service Act, 1994 provides for the discharge of an officer other than an educator who absents himself or herself from his or her official duties without the permission of the Head of Department for a period exceeding one calendar month. Section 14(2) of the Employment of Educators Act, 1998 and 17(5)(b) of the Public Service Act,1994 afford an employee who has been deemed discharged to show good cause why he or she should be reinstated. Against this background, the critical legal question is the constitutionality of the deeming provisions. The study will examine the validity of these provisions in relation to the ILO Conventions, Constitution, LRA and PAJA.
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Jacobsen, Helen Letícia Grala. "Interação estratégica entre os poderes executivo e legislativo : as Medidas Provisórias editadas nos mandatos de Lula e Dilma (2003-2014)." Universidade Federal de Pelotas, 2016. http://repositorio.ufpel.edu.br:8080/handle/prefix/3105.
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Esta dissertação tem como objetivo analisar a utilização das MPs pelo Executivo e a participação do Poder Legislativo nos dois governos de Lula e no mandato de Dilma (2003-2014). Apresenta o instrumento da MP desde sua criação em 1988 e as mudanças institucionais pelas quais passou. Traz o posicionamento especialmente de autores da Ciência Política sobre o tema que os divide: se as MPs promovem a governabilidade ou ingovernabilidade. A dissertação apresenta a pesquisa empírica realizada com base em três vértices: quantitativo, tema e resultado das MPs. Também analisa a participação do Legislativo na formatação final das MPs através de PLVs e eventuais vetos presidenciais. As fontes de estudo são: recursos bibliográficos, sites oficiais, dados da Presidência da República, da Câmara Federal e do Senado.
The dissertation aims to analyze the use of MPs by the Executive and the participation of the legislature in both Lula and Dilma governments in office (2003-2014). It displays the MP instrument since its creation in 1988 and the institutional changes by which it passed. It brings the positioning especially authors of Political Science on the topic that divides: If MPs promote governability and ungovernability. And it presents the empirical research based on three points: quantitative, subject and results of MPs. It also analyzes the participation of the legislature in the final formatting of MPs through PLVs and possible presidential vetoes. Study sources are library resources, official websites, the Presidency of the Republic data, the Federal House and Senate.
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Kohlhepp, Beverly Mary. "National legislation and educational provision for children with special needs : a comparative study of the impact of legislation on primary schools in selected rural areas of England and the United States through 1985." Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384978.
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Moran, Susan Jane. "The influence of the 1968-1975 Congressional reforms on legislative policy-making : the development of the oil-pricing provision of the Energy Policy and Conservation Act (1975)." Thesis, University of Oxford, 1986. http://ora.ox.ac.uk/objects/uuid:3398b8d3-45ae-4706-b094-692a7ba0f827.
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Congressional reform is the focus of my study. Congress (but primarily the House of Representatives) attempted to reform its workings from 1968 through 1975, so it might be more effective in developing comprehensive policies on national issues, and more independent of the executive branch. Reform raised expectations that the legislature would reassert its policy-making role, which had diminished during the preceding thirty years. My study examines the influence of these changes on the congressional decision-making process, including their impact on the important role played by external actors, interest groups and especially the President, who reacted to these changes. The study examines the process through an analysis of the development and passage of the most controversial provision, dealing with oil-price controls (Title IV), of Congress' major energy bill of 1975, the Energy Policy and Conservation Act (H.R. 7014). On 15 December 1975, Congress passed the Energy Policy and Conservation Act (EPCA) which President Gerald R. Ford signed into law on 22 December. The EPCA (Public Law 94-163) extended oil-price controls until 1979. The oilpricing provision had significant national and international economic and political implications. Merely to trace the tortuous chronicle of oil-pricing policy would be informative. But this study will go further by using this account to analyze congressional decision-making in the period immediately following Congress' attempts at reform. My study shows that although reforms eroded old norms and power centres, significantly altering some aspects of congressional decision-making (again primarily in the House), they did not create institutional mechanisms or distribute internal powers in such a way that Congress could independently initiate and develop comprehensive national policies. Congress remained more dependent on the President than many of its members understood. The final substance of the oil-pricing policy reflected the characteristic congressional decision-making process, which had become even more dispersed as it was democratized by reform. The committee system, without a strong executive or party control, divides issues in a way that limits decision-makers' options.
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Redondo, Fabiano Stefanoni. "A atrofia do poder normativo do legislativo em relação ao executivo brasileiro." Universidade Presbiteriana Mackenzie, 2012. http://tede.mackenzie.br/jspui/handle/tede/1069.
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Previous issue date: 2012-09-20Certain that has received a review Montesquieu adapting it to the aspirations and social dynamism, so that the division of powers can respond with greater agility and speed expectations of the Company, however, emphasize the need to maintain a fair balance between the powers, fundamental point, to ensure that national and perpetuate democracy; However, we are faced with the political scene, whose Democracy was built based on precepts and fears of a totalitarian recent past, whose effects were perpetuated during the Constituent Assembly and, consequently, the Constitution of 1988 which brought in its wake traces of control and concentration of power primarily to the Executive, with emphasis on the legislative process, and especially with the adaptation of the Institute of decree-Law, Constitutional Law, originating in Brazil in 1937, resumed in 1965 and resurfaced in the mold of Italian decree-law in Federal Brazilian Constitution dated 1988, identified an atrophy of the national legislative power in the legislature; Faced with this scenario, confronted the historical development of the country, both in the doctrinal, legal and social, highlighting the importance of the Legislature for Democracy and proposing, in an attempt at least to minimize the effects of the supremacy of the Executive time as can be observed during the study, this trend is over by proving inevitable media aimed at strengthening the Congress.
Certo que a teoria de Montesquieu tem merecido uma reanálise adequando-a aos anseios e ao dinamismo social, para que a divisão dos poderes consiga responder com maior agilidade e presteza as expectativas da sociedade, no entanto, ressalta-se a necessidade de manter um justo equilíbrio entre os poderes, fundamental ponto, para que garanta e perpetue a democracia nacional. Ao nos deparamos com o cenário político brasileiro, cuja democracia foi construída embasada em preceitos e receios de um passado recente totalitário, cujos efeitos se fizeram perpetuar no decorrer da assembleia constituinte e, consequentemente, na constituição de 1988 que trouxe no seu bojo resquícios de controle e concentração de poder primordialmente para o executivo, com ênfase no processo legislativo e, sobretudo, com a adaptação do instituto do decreto-lei, originário no direito constitucional brasileiro em 1937, retomado em 1965 e ressurgido nos moldes do decreto-legge italiano na constituição de 1988, identificamos uma atrofia do poder normativo no legislativo nacional. Diante de tal cenário, confrontou-se a evolução histórica do país, tanto na esfera doutrinária, legal e social, evidenciando a importância do poder legislativo para a democracia e propondo, na tentativa, ao menos, de minimizar os efeitos da supremacia do executivo, vez que conforme pode ser observado no decorrer do estudo, tal tendência acaba-se por provar inevitável, meios que visem o fortalecimento do congresso nacional.
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Rolfe, Susan Michele. "Is SEN working? : an in-depth analysis of the views of head teachers, SENCOs and class teachers on the impact of legislative changes on SEN practice and provision." Thesis, University of Hull, 2018. http://hydra.hull.ac.uk/resources/hull:16597.
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Zhang, Lei. "Uncompensated Care Provision and the Economic Behavior of Hospitals: the Influence of the Regulatory Environment." Diss., unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-02242009-152847/.
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Thesis (Ph. D.)--Georgia State University, 2008.Title from file title page. Paul G. Farnham, committee chair; Patricia G. Ketsche , Douglas S. Noonan (Ga. Tech.), Shiferaw Gurmu, Karen J. Minyard, William S. Custer, committee members. Description based on contents viewed June 11, 2009. Includes bibliographical references (p. 146-153).
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Penney, Dawn. ""No change in a new era?" : the impact of the Education Reform Act (1988) on the provision of physical education and sport in state schools." Thesis, University of Southampton, 1994. https://eprints.soton.ac.uk/194417/.
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This thesis reports on research that explored the impact of the Education Reform Act (ERA) (1988) on the provision of Physical Education (PE) and sport in state schools within one Local Education Authority (LEA) in England. Specifically, it highlights the complexity of the development and 'implementation' of the National Curriculum for Physical Education (NCPE) and addresses the issues of power and control in the policy process. Chapter 1 outlines the policies within the ERA and the issues arising from them for the provision of PE and sport in schools. Chapters 2 and 3 detail the theoretical and methodological bases of the research respectively. The former centres on policy analysis in education and specifically, the conceptualisation of policy 'as a process'. The latter presents research 'as a process' and addresses the role of a qualitative and ethnographic approach, the integration of theoretical, methodological and empirical issues, and the utilisation of both quantitative and qualitative methods in facilitating the enquiry and understanding of the NCPE as both 'policy' and 'practice'. Chapters 4, 5, 6 and 7 address the policy process at different 'levels' in the education system, describing and analysing the role that central government and the NCPE working group (chapter 4), the LEA (chapter 5), schools and the PE departments and teachers within them (chapters 6 & 7) played in determining the 'effects' of the ERA on the future provision of PE and sport in schools and specifically, what constituted a NCPE in 'policy' and 'practice'. These chapters provide a comprehensive account of the emergence of the NCPE and its interaction with, in particular, the introduction of Local Management of Schools. A variety of data illustrates that in many respects, the introduction of a NCPE signalled 'no change' in PE. In chapter 8 a revised theoretical framework, centring on the interaction of frames (Lundgren,1977i Bernstein, 1990) is presented as a basis for the development of further studies of education policy. In conclusion attention is drawn to methodological issues raised by the research and the need for further research to explore the implications of the observed absence of change in PE if a NCPE is to provide a 'broad and balanced' PE curriculum for all children.
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Serumula, Doreen Lame. "The relevance of the South African sectional titles law in interpretation and application of the sectional titles legislation of Botswana : an analysis of provisions pertaining to establishment of schemes." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15599.
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Thesis (LLM )-University of Stellenbosch, 2004.150 leaves printed on single pages, preliminary pages i-xi and numbered pages 1-138. Includes bibliography.
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ENGLISH ABSTRACT: The concept of sectional ownership has been unknown in the Botswana common law because of the maxim superficies solo cedit, which does not recognize separate ownership of apartments in a building. The law must always serve the felt and real needs of the times, and in order to give effect to those needs, the Botswana Sectional Titles Act was enacted in 1999. It is based on the South African Sectional Titles Act of 1986, as amended, which repealed the 1971 Act. In this thesis, a comparative analysis of the South African and Botswana sectional titles law is made to determine whether and, if so, how the existing position in the South African sectional titles law could aid interpretation and application of the sectional titles legislation of Botswana, specifically pertaining to aspects of establishment of sectional title schemes. The main focus is on the legislative provisions of both jurisdictions. However, South African case law is also considered. Landownership and sectional titles is discussed, to determine whether sectional ownership is genuine ownership. This entails a discussion on the publicity principle, which in the case of land is normally achieved by means of registration in the Deeds Registries. The thesis analyses the Botswana and South African statutes on the requirements and procedures involved in the establishment of sectional title schemes to bring to light any shortcomings that may exist in either of the two statutes. An understanding of the shortcomings of the South African statute is relevant to the interpretation and application of the Botswana statute. An examination of the procedural aspects of establishment of a sectional title scheme, as well as the roles of the parties involved in the establishment thereof is undertaken, so as to identify consequences that may ensue if they fail to comply with the requirements of either of the statutes. Consequently, a comparative analysis on the effect of registration of the sectional plan and opening of the sectional title register is made. Although it is not suggested that the Botswana Act should be completely similar to the South African Act, as Botswana may have its own peculiar circumstances, suggestions as to the amendment of the Botswana statute are made. Amendments would make the Botswana Act even more flexible, and would open up the possibilities of development to achieve greater access to land. Further more improvements to the Act will have to be made, some before its implementation, and some after a period of application of the Act, as real practical problems become apparent.
AFRIKAANSE OPSOMMING: Die konsep van deeltitel was tot dusver in Botswana se gemenereg onbekend weens die maxim superficies solo cedit, wat nie aparte eienaarskap van woonstelle in 'n gebou erken nie. Die wet moet altyd die werklike behoeftes van die tyd dien, en om te voldoen aan daardie behoeftes is die Botswana Wet op Deeltitels in 1999 uitgevaardig. Dit is gebaseer op die Suid-Afrikaanse Wet op Deeltitels van 1986, soos gewysig, wat die 1971 Wet herroep het. In hierdie tesis word 'n vergelykende studie gedoen van die Suid-Afrikaanse Wet op Deeltitels en die gelyknamige Wet in Botswana om te bepaal of, en indien wel, hoe die bestaande posisie in die Suid-Afrikaanse Wet op Deeltitels kan help met die interpretasie en toepassing van die deeltitel wetgewing van Botswana, veral waar dit gaan oor die vestiging van deeltitelskemas. Die tesis fokus op die wetgewende bepalings in albei lande, maar konsentreer op probleemareas in die nuwe Deeltitel wet van Botswana. Grondeienaarskap en deeltitels word bespreek om te bepaal of deeltiteleienaarskap werklike eienaarskap is. Dit behels 'n bespreking van die publisiteitsbeginsel, waaraan gewoonlik, in die geval van grond, voldoen word deur registrasie in die Akteregister. Die tesis ontleed die Suid-Afrikaanse statuut en die statuut van Botswana wat gaan oor die vereistes en prosedures betrokke by die vestiging van deeltitelskemas en enige tekortkominge wat bestaan in enige van die twee statute. Dit is belangrik om die tekortkominge van die Suid-Afrikaanse statuut te begryp, as die statuut van Botswana geinterpreteer en toegepas moet word. Die prosedures wat gevolg word in die vestiging van 'n deeltitelskema, asook die rolle van die verskillende partye betrokke, word bespreek sodat die gevolge as daar nie aan die vereistes van die statuut voldoen word nie, identifiseer kan word. Gevolglik word 'n vergelykende ontleding gedoen van die effek van registrasie van die deeltitelplan en die opening van die deeltitelregister. Die slothoofstuk bevat aanbevelings vir verdere navorsing. Alhoewel daar nie voorgestel word dat die wet in Botswana identies aan die Suid-Afrikaanse wet moet wees nie, (Botswana het te make met ander omstandighede) word voorstelle aan die hand gedoen vir die wysiging van die wet in Botswana. Hierdie wysigings sal die wet meer buigsaam maak en daar sal meer moontlikhede wees vir ontwikkeling wat groter toegang tot grond sal bewerkstellig. Verder sal daar verbeterings aan die wet aangebring moet word nadat dit eers in werking getree het en die werklike probleme kop uitsteek.
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Smit, Jacobus Gideon. "Analysis of the interaction between the income tax and capital gains tax provisions applicable to share dealers." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85830.
Full textAbstract:
Thesis (MAccounting)--Stellenbosch University, 2013.ENGLISH ABSTRACT: The interaction between the income tax provisions contained in sections 9B, 9C, 11(a) and 22 of the Income Tax Act No. 58 of 1962 (the Act), and the capital gains tax (CGT) provisions of the Eighth Schedule of the Act, are complex and share dealers should approach the tax consequences of share dealing profits with caution. The objective of the assignment was to ensure that the share dealing profits of share dealers (who transact on revenue account) are taxed correctly, with specific reference to the interaction between the aforementioned provisions. This was achieved by considering tax cases, the interpretation notes of the South African Revenue Services (SARS) and commentary of tax writers. Examples of share disposals were incorporated to illustrate that consistency is required between the calculation of profits for income tax and CGT purposes. The guidelines laid down by case law to determine the revenue nature of share disposals were investigated. It was concluded that share dealing profits which are designedly sought for and worked for, either as part of a business operation or not, are of a revenue nature and taxable as such. The method of identification of shares sold as trading stock is important when calculating the income tax profit, since it is used in order to determine both which shares are sold as well as the cost of the shares sold. It was concluded that the method of identification applied in terms of generally accepted accounting practice (GAAP) is generally also acceptable from an income tax perspective. Section 9C of the Act provides a share dealer income tax relief when a ‘qualifying share’ is disposed of. Any amount received or accrued as a result of the disposal of a qualifying share is deemed to be of a capital nature, regardless of the revenue intention of the share dealer. Prior to 1 October 2007, section 9B of the Act provided similar relief to the disposal of an ‘affected share’. It was concluded that section 9C of the Act has a wider scope of application compared to section 9B of the Act. Because the proceeds received on the disposal of affected or qualifying shares are excluded from gross income, the acquisition costs previously incurred and deducted in respect of such shares must be included in taxable income. It was determined that the amount to be included in income is the actual cost of such shares and not the opening trading stock value determined in terms of GAAP and claimed in terms of section 22(2) of the Act. It was concluded that the first-in-first-out (FIFO) method of identification should be applied to determine which affected or qualifying shares have been disposed of. From a CGT perspective, it was illustrated that a share dealer loses the opportunity to choose which identification method to apply and is obliged to also apply the FIFO method in calculating the CGT base cost of the shares. It is concluded that the Eighth Schedule of the Act should be amended to clarify that the FIFO method should be applied for CGT purposes where sections 9B or 9C of the Act find application. Only then will the tax profits of a share dealer be in sync with his or her cash benefit.
AFRIKAANSE OPSOMMING: Die interaksie tussen die inkomstebelastingbepalings vervat in artikels 9B, 9C, 11(a) en 22 van die Inkomstebelastingwet No. 58 van 1962 (die Wet), en die kapitaalwinsbelastingbepalings (KWB bepalings) van die Agtste Bylae tot die Wet is kompleks en aandelehandelaars moet die belastinggevolge van aandelewinste met omsigtigheid benader. Die doelwit van die werkstuk was om te verseker dat die winste van aandelehandelaars (wat aandele verkoop op inkomsterekening) korrek belas word, met spesifieke verwysing na die interaksie tussen die voorgenoemde bepalings. Dit is bereik deur die oorweging van hofsake, uitlegnotas van die Suid-Afrikaanse Inkomstediens en kommentaar deur belastingskrywers. Voorbeelde van aandeleverkope is gebruik om te illustreer dat konsekwentheid tussen die berekening van winste vir inkomstebelasting en KWB-doeleindes ‘n vereiste is. Die riglyne wat deur regspraak daargestel is om die inkomste-aard van aandeleverkope vas te stel, is ondersoek. Daar is bevind dat aandelewinste wat opsetlik nagejaag word en voor gewerk word, ongeag of dit deel van die bedryf van 'n besigheid is al dan nie, van ‘n inkomste-aard is en aldus belasbaar is. Die metode van identifikasie van aandele wat as handelsvoorraad verkoop word is belangrik by die berekening die inkomstebelastingwins aangesien dit gebruik word om vas te stel watter aandele verkoop is en wat die koste van die verkoopte aandele is. Daar is bevind dat die metode wat ingevolge algemeen aanvaarde rekeningkundige praktyk (AARP) toegepas is, gewoonlik ook vir inkomstebelastingdoeleindes toelaatbaar is. Artikel 9C van die Wet verskaf aan ‘n aandelehandelaar inkomstebelastingverligting met die verkoop van 'n 'kwalifiserende aandeel' deurdat die bedrag ontvang of toegeval geag word van 'n kapitale aard te wees, ongeag die inkomstebedoeling van die aandelehandelaar. Voor 1 Oktober 2007 het artikel 9B van die Wet soortgelyke verligting verskaf met die verkoop van n 'geaffekteerde aandeel’. Daar is vasgestel dat artikel 9C van die Wet 'n wyer toepassing het in vergelyking met artikel 9B van die Wet. Omrede die opbrengs ontvang met die verkoop van geaffekteerde of kwalifiserende aandele uitgesluit word van bruto inkomste, moet die vorige aankoopskostes wat voorheen ten opsigte van die aandele aangegaan en afgetrek is, by belasbare inkomste ingesluit word. Daar is bepaal dat die bedrag wat by belasbare inkomste ingesluit word, die werklike koste van die aandele is en nie die AARP openingswaarde van handelsvoorraad wat ingevolge artikel 22(2) van die Wet geëis nie. Daar is bevind dat die eerste-in-eerste-uit (EIEU) metode van identifikasie gebruik moet word om te bepaal watter geaffekteerde of kwalifiserende aandele verkoop is. Vir KWB doeleindes verloor 'n aandelehandelaar ook die geleentheid om te kan kies watter identifikasiemetode toegepas moet word. Hy of sy is verplig om die EIEU metode toe te pas in die berekening van die KWB basiskoste van die aandele. Daar word tot die gevolgtrekking gekom dat die Agtste Bylae van die Wet gewysig moet word om te bevestig dat die EIEU metode toegepas moet word vir KWB doeleindes waar artikels 9B of 9C van die Wet van toepassing is. Slegs dan is die belasbare wins van 'n aandelehandelaar in lyn is met sy of haar kontantvoordeel.
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Valihrachová, Lea. "Rozdíly mezi českou účetní legislativou a mezinárodními účetními standardy u dlouhodobého majetku." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2013. http://www.nusl.cz/ntk/nusl-374717.
Full textAbstract:
There is a significant number of differences between the Czech accounting legislation and the International Financial Reporting standards in the area of posting and presentation of non-current assets. These are eliminated by the process of harmonization within the European Union. Harmonization process shows clear advantages for the users of financial information; however, the process is still not fully completed. Continuous changes in accounting rules also bring to business a lot of complications and additional costs. The diploma thesis presents a comparison of both accounting conceptions; shows a discussion on their advantages and disadvantages and demonstrates the impact of different approaches to booking for non-current assets to the financial statements of a business entity.
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Kroukamp, Susan. "Possible tax treatments of the transfer of accounting provisions during he sale of a business and subsequent tax considerations /." Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/3336.
Full textAbstract:
Thesis (MAcc (Accountancy))--University of Stellenbosch, 2006.The potential buyer of a business evaluates the attractiveness of the transaction by considering the financial status of the business being sold. In determining the financial status of a business it is more important to determine the nature of the assets and liabilities recorded on the balance sheet rather than the mere existence thereof. Included in the liabilities are accounting provisions recorded in terms of the Generally Accepted Accounting Practice (GAAP) to reflect a fair representation of the financial status. Although these provisions are made for accounting purposes, they cannot necessarily be deducted under the terms of the Income Tax Act, no 58 of 1962. The tax deductibility of accounting provisions has long been a potential contention when a business is sold. The Income Tax Act has specific sections that must be applied in determining the deductibility of accounting provisions, for example, section 11(a), which is the general deduction formula; section 23(g), which prohibits expenses not laid out for the purposes of trade; and section 23(e), which does not allow a deduction when a reserve fund is created (for example a leave pay provision). In conducting this study, seven types of accounting provision generally recorded by businesses were identified: the bonus provision, leave pay provision, warranty provision, settlement discount and incentive-rebate provision, post employment provision, retrenchment cost provision and other provisions. These provisions are discussed in view of their possible income tax deductibility, and relevant case studies were identified to confirm the possible deductibility of these accounting provisions. In this study, the transfer of accounting provisions during the sale of a business is considered for the purposes of both the buyer and seller. The tax implications for the buyer and seller are then evaluated, as well as the subsequent treatment of the accounting provisions for the purposes of the buyer. Because the wording of the purchase contract is extremely important when a business is acquired, three examples of the wording of a purchase contract are discussed as well as the income tax implications thereof. The extent of the advice given by a tax practitioner will depend on the allegiance of the practitioner (either for the buyer or seller) and will determine how the contract will be concluded. In conclusion a tax practitioner would want to assist his client to obtain the most effective tax position for the transaction and therefore each purchase contract must be reviewed on its own set of facts.
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Amighetti, Leopold. "Testamentary freedom against provisions for families : the evolution of dependents' relief legislation, with particular emphasis on the Province of British Columbia, as a flexible restraint on testamentary freedom." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27746.
Full textAbstract:
The concept of testamentary freedom has traditionally been associated with the law of succession in jurisdictions with legal regimes based on the common-law system. This concept
became subject to abuse and dependents of deceased testators
were sometimes left to the mercy of the community for their support.
New Zealand was the first jurisdiction to counteract this abuse by introducing in its law, dependents' relief legislation which, essentially, acted as a flexible restraint on testamentary freedom. This concept retained the traditional
testamentary freedom, yet, the courts were given the authority to remedy any abuses of such freedom.
The Canadian common-law provinces through a period of sixty-four years have adopted legislation similar to that enacted in New Zealand.
In Canada, the concept has worked, on the whole, well. Many Canadian jurisdications have, through the years, adjusted their original legislation to meet what appears to be contemporary norms. The province of Ontario has undertaken extensive reform, and to a certain extent, has attempted to reconcile the provisions of succession law with that of matrimonial property rights. The province of Ontario appears to have achieved some degree of harmony between the two legal concepts.
The province of British Columbia on the other hand, although the issue has been the subject of a study and a Report of the Law Reform Commission of British Columbia, has retained the legislation as originally enacted in 1920. The jurisprudence has, however, interpreted the statute with such inconsistency that the statute has gone beyond its remedial purpose and has been interpreted as a form of forced heirship. This interpretation cannot be supported by the wording of the statute, nor by its historical intent.
This thesis surveys the various enactments commencing with the one in New Zealand, the progenitor statute, and continuing
with those of the Canadian provinces and finally, the U.K. statute. There is also a general comparison of contemporary
legislations. The jurisprudence in British Columbia is analysed from the enactment of the legislation and the shifts that the courts have undertaken over the past sixty-eight years are considered. In addition to the philosophical defect of the B.C. legislation, certain technical deficiencies are also considered. The present law of Ontario, which has been the subject
of extensive reform, is analysed and compared with that Province's previous legislation as well as that of the province of British Columbia.
The effect of the present state of law interpreting the British Columbia legislation is such that it can be said that as it stands, it has outlived its social utility and requires review to meet contemporary social norms. The general recommendation is that dependency be a condition precedent
to an application for relief, and that the spouse be entitled as of right, in any event, to half of the family assets.
The investigation for this thesis consisted, primarily,
of analysis of the legislative debates, appropriate statutes and the applicable jurisprudence interpreting such statutes.Law, Peter A. Allard School of
Graduate
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Van, der Westhuysen Gerdi, and Schalkwyk L. Van. "Critical analysis of the components of the transfer pricing provisions contained in Section 31(2) of the Income Tax Act, no 58 of 1962." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15521.
Full textAbstract:
Thesis (MComm)--University of Stellenbosch, 2004.ENGLISH ABSTRACT: Despite the fact that transfer pricing legislation (i.e. section 31 of the Income Tax Act, 58 of 1962 (“the Act”) has been in force in South Africa since 1995, it has only been in the last three years that the South African Revenue Service (“SARS”) has embarked on a number of assessments of taxpayers’ cross border transactions with foreign group companies. In particular, the SARS targets taxpayers that have rendered cross border services (including financial assistance) to a foreign group company for no consideration and has assessed these taxpayers on the adjusted interest/ fee amounts. Since the burden of proof lies with the taxpayer to demonstrate that its cross border transactions with foreign group companies do not infringe the provisions of section 31(2) of the Act, this study provides taxpayers with guidance as to when its transactions would fall within the scope of application of section 31(2) of the Act and when the SARS would be excluded from applying the provision of section 31(2) of the Act. Following upon a critical analysis of the essential components of section 31(2) of the Act the following conclusions are drawn by the author: • If the taxpayer proves that it did not transact with a connected party (as defined in section 1 of the Act), or it did not supply goods or services in terms of an international agreement (as defined in section 31(1) of the Act), or its transfer price would be regarded as arm’s length, the Commissioner would be excluded from applying the provision of section 31(2) of the Act since all of the components to apply section 31(2) of the Act are not present. • The current view held by the South African Revenue Service and tax practitioners that transactions between a South African company and an offshore company, which are both directly or indirectly held more than fifty percent by an offshore parent company, are transactions between connected persons (as defined in 5 section 1 of the Act) is incorrect in law. Section 31 of the Act is not applicable to such transactions. • The Commissioner will be excluded from making a transfer pricing adjustment to a service provider’s taxable income where the following circumstances are present: o Where the cross border transaction with a connected party does not give rise to gross income, which is the starting point in the determination of taxable income, since the service provider agreed to render services for no consideration and was therefore not entitled to receive income (i.e. no receipt or accrual) and o Where the service provider can provide evidence that demonstrates that there was no practice of price manipulation as regards the transaction under review.
AFRIKAANSE OPSOMMING: Alhoewel oordragprysbeleid wetgewing (artikel 31 van die Inkomstebelastingwet 58 van 1962 (“die Wet”)) al sedert 1995 in Suid Afrika van krag is, het die Suid Afrikaanse Inkomstediens (“SAID”) eers werklik gedurende die laaste drie jaar begin om aanslae ten opsigte van belastingpligtiges se internasionale transaksies met buitelandse groepmaatskappye uit te reik. In die besonder teiken die SAID belastingpligtes wat dienste (insluitend lenings) aan buitelandse groepmaatskappye vir geen vergoeding lewer. Aangesien die bewyslas op die belastingpligtige rus om te bewys dat sy internasionale transaksies met buitelandse groepmaatskappye nie die bepalings van artikel 31(2) van die Wet oortree nie, word belastingpligtiges in hierdie studie van riglyne, wat aandui wanneer transaksies met buitelandse groepmaatskappye binne die omvang van artikel 31(2) van die Wet val asook onder welke omstandighede die SAID verhoed sal word om artikel 31(2) van die Wet toe te pas, voorsien. Na aanleiding van ‘n kritiese analise van die deurslaggewende komponente van artikel 31(2) van die Wet kom die skrywer tot die volgende gevolgtrekkings: • As die belastingpligte kan bewys dat hy nie met ‘n verbonde persoon (soos omskryf in artikel 1 van die Wet) handelgedryf het nie, of dat hy nie goedere of dienste in terme van ‘n internasionale ooreenkoms (soos omskryf in artikel 31(1) van die Wet) gelewer het nie, of dat sy oordragprys as arm lengte beskou kan word, sal die Kommissaris verhoed word om die bepaling van artikel 31(2) van die Wet toe te pas, aangesien al die komponente van artikel 31(2) van die Wet nie teenwoordig is nie. • Die huidige sienswyse van die SAID en belastingpraktisyns dat transaksies wat tussen ‘n Suid Afrikaanse maatskappy en ‘n buitelandse maatskappy plaasvind, waar ‘n buitelandse moedermaatskappy meer as vyftig persent van albei maatskappye se aandeelhouding (direk of indirek) hou, beskou kan word as 7 transaksies tussen verbonde persone (soos omskryf in artikel 1 van die Wet) is regstegnies nie korrek nie. Artikel 31(2) van die Wet is nie van toepassing op sulke transaksies nie. • Die Kommisaris sal onder die volgende omstandighede verhoed word om enige oordragprysaanpassing aan ‘n diensleweraar se belasbare inkomste te maak: o Waar die internasionale transaksie met ‘n verbonde persoon nie bruto inkomste (die beginpunt van ‘n belasbare inkomste berekening) voortbring nie, aangesien die diensleweraar ingestem het om dienste teen geen vergoeding te lewer, wat tot die gevolg het dat die diensleweraar nie geregtig is om inkomste te ontvang nie (dus geen ontvangste of toevalling) en o Waar die diensleweraar kan bewys dat die transaksie nie onderhewig aan prys manipulasie was nie.
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Muller, Matthew Justin. "Linking institutional and ecological provisions for wastewater treatment discharge in a rural municipality, Eastern Cape, South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1013048.
Full textAbstract:
The Green Drop Certification Programme, launched in 2008 alongside the Blue Drop Certification Programme, aims to provide the Department of Water Affairs with a national overview of how municipalities and their individual wastewater treatment works (WWTW) are complying with licence conditions set by the National Water Act (NWA) (No. 36 of 1998; DWAF 1998) and the Water Services Act (No. 108 of 1997; DWAF 1998). By publishing the results of each municipality’s performance, the programme aims to ensure continuous improvement in the wastewater treatment sector through public pressure. The programme has been identified by this project as a necessary linking tool between the NWA and the Water Services Act to ensure protection and sustainable use of South Africa’s natural water resources. It does this through assisting municipalities to improve their wastewater treatment operations which in theory will lead to discharged effluent that is compliant with discharge licence conditions. These discharge licences form part of the NWA’s enforcement tool of Source Directed Controls (SDC) which help a water resource meet the ecological goals set for it as part of Resource Directed Measures (RDM). The link between meeting the required SDC and achieving the RDM goals has never been empirically tested. This project aimed to determine the present ecological condition of the Uie River, a tributary of the Sundays River which the Sundays River Valley Municipality (SRVM) discharges its domestic effluent into. It then determined whether the SRVM’s WWTW was complying with the General Standard licence conditions and what the impact of the effluent on the river was through the analysis of monthly biomonitoring, water chemistry and habitat data. Lastly, the project examined the effectiveness of the Green Drop Certification Programme in bringing about change in the SRVM’s wastewater treatment sector, which previously achieved a Green Drop score of 5.6 percent. It wanted to examine the underlying assumption that a WWTW which improves its Green Drop score will be discharging a better quality effluent that will help a water resource meets the RDM goals set for it. The Kirkwood WWTW did not have a discharge licence at the time of assessment and was thus assessed under the General Standard licence conditions. It was found that the Kirkwood WWTW was not complying with the General Standard discharge licence conditions in the Uie River. This was having a negative impact on the river health, mainly through high concentrations of Total Inorganic Nitrogen (TIN-N), orthophosphate and turbidity. The SRVM should see an improvement in its Green Drop score for the Kirkwood WWTW. However, the municipality showed no implementation of necessary programmes. Implementation of these programmes would help the SRVM meet the General Standard licence conditions (part of SDC) which would help the Uie River meet the RDM goals set for it.
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Nyoni, Jabulani. "School admissions and principals' craft-competency and craft-literacy in case law compliance." Diss., Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-10022008-132017/.
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孫陸陽. "暗網絡犯罪的刑法問題研究 =Research on criminal law of dark network crime." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3950654.
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Philipp, Julia. "The Criminalisation of Trading in Influence in International Anti-Corruption Laws." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3574_1282236062.
Full textAbstract:
Despite being mentioned in most international anti-corruption instruments, trading in influence appears only rarely in the spotlight of legal practice and literature. This paper aims to shed some light on the issue. The main objective is to highlight the different forms of trading in influence stipulated in various international agreements and national laws in order to draw a comprehensive picture of this offence. Furthermore, by identifying and critically appraising the core issues connected with trading in influence, this paper aims to provide recommendations which may be of use to states obliged to implement or to consider implementing this offence.
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Kirkland, Troyanne. "The influence of the school choice provision, within the No Child Left Behind Legislation, on the academic achievement of students and on the demographic composition of Title I schools in Collier County, Florida." Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002915.
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Luggya, Daniel. "A case study of stakeholders' perceptions of the management implications of the discipline provisions of the 1996 Schools Act in a rural Eastern Cape high school." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1006156.
Full textAbstract:
South Africa's education management system has undergone a long history of transformation from the promulgation of the Bantu Education Act of 1953 to the realisation of democracy, and in this context, the South Mrican Schools Act (SASA) of l996. Apartheid legislation and the new democratic legislation have had a profound impact on the education leadership and management of schools, in which authoritarian management practices have been replaced by democratic management practices. However, democratic management practices have not yet had a significant effect in the leadership and management of schools, especially in the schools of previously disadvantaged areas. This thesis seeks to examine perceptions held by education stakeholders in the light of the rights of students as stipulated in the discipline provisions of the Schools Act of 1996, in one of the rural high schools in the Northern Region of the Eastern Cape Province. One of the most important discipline provisions is the ban on corporal punishment in schools. My intention in carrying out this research was not to generalise my findings but to understand the experiences and perceptions of the stakeholders in this school regarding the discipline provisions of the SASA. The data suggest that authoritarian education practices, especially corporal punishment, are still a factor in the maintenance of student discipline in this rural school. Stakeholders still believe in the use of corporal punishment as the only way of maintaining discipline and an orderly environment for teaching and learning. Such beliefs, assumptions and values concerning the use of corporal punishment are held by the principal, teachers, students and parents and have not changed since 1996. Beliefs, assumptions and values on the exclusive use of power by the principal on issues of suspension and expulsion are still being held by the above stakeholders in the school. The vision of the SASA that schools become autonomous institutions with democratic leadership and management practices does not seem to be practical because of the centralisation of power in the hands of the Provincial Head of the Education Department. This centralisation of power denies the principal and other stakeholders of the school the power to decide on crucial matters like the expulsion of misbehaving students, because it is the provincial Head who decides on the seriousness of offences committed by misbehaving students and subsequent expulsions. Apart from the location of power in the Provincial Head of the Education Department, the stakeholders of this school are also powerless on expulsion of students, or any other form of punishment because of the implication of the "right" to education in the Bill of Rights in the Constitution of the Republic of South Africa. The education department has to devise programmes that change the beliefs and assumptions of stakeholders on corporal punishment and decision-making on expulsions and suspensions. Unfortunately corporal punishment persists because parents use it in the home and support its use in school. Programmes on alternatives to corporal punishment are required for the smooth implementation of the SASA.
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Hendriks, Renette. "Die aard van borgverrigtinge met spesifieke verwysing na die toepassing van die reels van die bewysreg op sodanige verrigtinge." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/21556.
Full textAbstract:
Thesis (LLM) -- Stellenbosch University, 2004.Stellenbosch University. Faculty of Law. Dept. of Public Law.
ENGLISH ABSTRACT: When evaluating a bail application, the court must take into consideration the interests of the accused against those of the community. The main goal of this assessment is to find a balance between said interests. While an application for bail is made at a stage where guilt has not been proven, it is of extreme importance that the court must not infringe on the fundamental rights of the accused which include the right to personal freedom and the presumption of innocence. In order to protect the rights of the bail applicant within the proper functioning of the legal system, it is important to determine the nature of bail proceedings. As shown in this thesis, bail proceedings are sui gelleris in nature, which means that a separate set of rules of the law of evidence is applicable to these proceedings. The object of this thesis is to identify the rules of law of evidence applicable to bail proceedings as well as to clarify the deviation from the normal rules of evidence which apply to the trial of the accused. In chapter one the purpose and nature of bail proceedings as well as the characteristics of accusatorial and inquisitorial systems, are discussed. Problem areas within the South African legal system with regards to bail applications are also highlighted in this chapter. In chapter two the application of the primary rules of the law of evidence with regards to bail proceedings are investigated as well as the admissibility of evidence pertaining to prior convictions of the applicant, opinion evidence and character evidence. In chapter three the admissibility of hearsay evidence at bail proceedings is discussed. The constitutionality of the privilege pertaining to the police docket is dealt with in chapter four. Chapter five deals with the infom1er's privilege. The requirements that have to be met in order to qualify for protection under the said privilege, are examined. Chapter six focuses on the privilege against self-incrimination and the manner In which it is applied in bail proceedings. The provisions of s 60(11B)(c) of the Criminal Procedure Act and the role of the presiding officer are also discussed in this chapter. Chapter seven focuses on the burden of proof in bail applications. Chapter eight contains a summary and recommendations.
AFRIKAANSE OPSOMMING: By die beoordeling van 'n borgaansoek moet die hof die be lange van die beskuldigde en die belange van die samelewing teen mekaar opweeg. Die doel van die betrokke verrigtinge is om 'n balans tussen hierdie belange te vind. Omdat borgtog ter sprake kom op 'n tydstip waar daar nog geen skuldigbevinding is nie, is dit van kardinale belang dat die hof ten aile tye moet waak teen die onregverdige inbreukmaking op die beskuldigde se fundamentele regte wat onder andere die reg op individuele vryheid en die vem10ede van onskuld insluit. Ten einde die regte van die borgaansoeker na behore te beskem1 sonder om die behoorlike funksionering van die regstelsel te belemmer, is dit belangrik om vas te stel wat die aard van borgverrigtinge is. Soos in hierdie tesis aangetoon word, is borgverrigtinge sui generis van aard. Dit het tot gevolg dat daar 'n aparte stel reels van die bewysreg bestaan wat op hierdie verrigtinge van toepassing is. In hierdie tesis word daar gepoog om die reels van die bewysreg wat op borgverrigtinge van toepassing is, te identifiseer en om die afwykings van die gewone bewysregreels wat op die verhoor van toepassing is, te verklaar. In hoofstuk een word die doel en aard van borgverrigtinge bespreek en word die kenmerke van die akkusatoriale en inkwisitoriale stelsels teen mekaar gestel. Die onduidelikhede oor die aard van borgverrigtinge in die Suid-Afrikaanse reg word ook aangeraak. In hoofstuk twee word die toepassing van die relevantheidsgrondreel by borgverrigtinge ondersoek, asook die toelaatbaarheid van getuienis oor die vorige veroordelings van die beskuldigde, opiniegetuienis en karaktergetuienis. Hoofstuk drie het betrekking op die toelaatbaarheid van hoorsegetuienis by borgverrigtinge. In hoofstuk vier word kwessies rakende dossierprivilegie behandel en die grondwetlikheid van sodanige privilegie, asook die toepassing daarvan, word van naderby beskou. In hoofstuk vyf word daar gefokus op die aanbrengersprivilegie. Die aard en toepassing van die privilegie asook die vereistes waaraan voldoen moet word alvorens daar op die betrokke privilegie gesteun kan word, word aangeraak. Hoofstuk ses fokus op die borgapplikant se privilegie teen selfinkriminasie. Die bepalings van a 60(11 B)(c) asook die rol van die voorsittende beampte word ook in hierdie hoofstuk aangespreek. Die sewende kwessie wat in verband met borgverrigtinge in die stu die ondersoek word, is die ligging van die bewyslas by sodanige verrigtinge. Dit word In hoofstuk sewe gedoen. Hoofstuk agt bevat 'n opsomming van sowel bevindings as aanbevelings.
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Vannucci, Rodolpho. "Execução de alimentos do direito de família: um estudo atualizado e sistematizado em vista das recentes reformas legislativas." Pontifícia Universidade Católica de São Paulo, 2010. https://tede2.pucsp.br/handle/handle/9017.
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Previous issue date: 2010-05-28The purpose of this study is to analyze the execution of alimony in Family Law, through an organized and current view of the institute. The co-existence of several law provisions which rule or affect the execution of alimony justifies the necessity of this study, to put in order the provisions in a way that all of them are made usefull to grant the execution being as effective as possible. Another justification is the arising, over the last years, of legal renovation, as well as the promulgation of new legal Statutes, making necessary a review of the concepts regarding the topic. Every hypothesis of the execution of alimony in Family Law is analyzed, investigating its singularities and controversies, always searching for a systematic coherency and for the effectiveness of the process. The method used is the doctrinal and jurisprudential research, constantly investigating the set of problems, using, when possible and relevant, data from judicial practice. Such method allows the study to reach its purpose, giving a current and systematic view of the execution on alimony
O objetivo deste trabalho é analisar a execução dos alimentos decorrentes do direito de família, com uma visão atualizada e ordenada. Justifica a necessidade deste estudo a coexistência de inúmeros dispositivos legais que regulam ou afetam a execução de alimentos, o que impõe uma organização destes dispositivos que torne todos úteis e os faça servir para que a execução seja a mais efetiva possível. Outra justificativa é o surgimento, nos últimos anos, de inúmeras reformas legislativas, bem como a edição de novos diplomas legais, tornando necessária uma revisão de conceitos que cercam o tema. Serão analisadas todas as hipóteses de execução de alimentos decorrentes do direito de família, observando-se suas peculiaridades e seus pontos polêmicos, sempre na busca de uma coerência sistemática e da efetividade ao processo. O método utilizado foi a pesquisa doutrinária e jurisprudencial, com a constante busca pela problematização, utilizando-se, sempre que possível e pertinente, de dados da prática forense. Tal método permitiu ao estudo atingir seu objetivo, fornecendo uma visão sistemática e atual da execução de alimentos
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Okolie, C. D. "Study of the legislation, institutional processes and practical application of arrangements for the provision of information for collective bargaining in the UK, and the Federal Republic of Germany : and of its possible development in the context of the p." Thesis, University of Sussex, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.306832.
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