This paper examines the Attorney General’s obligation, in Canada and New Zealand, to report on inconsistencies in proposed legislation with the Canadian Charter of Rights and Freedoms and the New Zealand Bill of Rights Act 1990. Although the obligations are similar, the Canadian and New Zealand Attorneys General have developed very different reporting cultures. The Canadian Attorney General has never issued a report; the New Zealand Attorney General has issued many. This paper’s thesis is that the different reporting cultures are attributable to the different constitutional structure in each jurisdiction and different understandings of the independence of the Attorney General. Under this analysis, the usefulness of comparative analysis between the two jurisdictions is limited: constitutional differences cannot be ignored. The paper evaluates proposed changes to the reporting obligation in each jurisdiction in light of this analysis.

in English The First Amendment to the United States Constitution and the development of its interpretation The aim of the paper is to analyze the First Amendment to the United States Constitution. The main reason for my research is my long-term personal interests in the fields of law which are covered by the First Amendment. The thesis is composed of an introduction, six chapters and a conclusion. The study begins with the introduction where it is discussed methodology, my motives for choosing this topic, importance of the topic and potential contribution of this thesis to the Czech legal science. Chapter One examines historical roots of the First Amendment's rights and freedoms. It focuses on their development both in the England and in its American colonies. It tries to find main tendencies contributing to reasons for adopting rights and freedoms embodied in the First Amendment. Chapter Two concentrates on the main political and legal events involving adopting the First Amendment, and then it attempts to find a proper interpretation of the First Amendment using both historical and teleological approach. The second chapter also discusses the scope of the First Amendment. The chapter ends with the examination how external factors (such as legal philosophy or politics) influenced the decision making...

Much of the scholarly work in the area of the separation of church and state in America has centered on such lofty goals as examining the Constitution of the United States and voluminous court documents. Others meticulously scrutinize every word ever uttered by the founding fathers on the subject. During the last two decades, there has been a considerable increase in the debate concerning the separation of church and state. The religious right has become determined to infuse our governmental institutions with a decidedly more religious tone, while the religious left prefers the separation of church and state as it is. But how does the average American feel about the separation of church and state? This project will examine our religious heritage from Europe and the development of the separation of church and state in America. Finally this project conducted surveys of Americans to determine just how much they know about how the separation of church developed in America and perhaps more importantly what they believe it should be. Two separate surveys totaling 19 questions were developed. The questions probed historical facts, the founding fathers and questions regarding the separation of church and state today. The surveys were conducted in Manatee County, Florida during the spring of 2008 and again in late August and early September, 2008. The survey respondents were made up of 4 distinct groups. Those respondents surveyed in Spring 2008 were in-class college students in the University of South Florida at Sarasota/Manatee. Two other groups were made up of high school graduates and college graduates who work for the Manatee and Sarasota District schools. The final group was surveyed during a multi family picnic on Labor Day weekend. The results of the surveys were tabulated and the respondents were placed in groups according to 2 questions on the back of the surveys that asked the respondents to give their political party affiliation and their religious denomination.

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

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

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

The role of brain dominance in the maintenance of learner discipline Recent research in especially Education Law has shown that maintaining discipline in South African schools constitutes a problem for many educators. Research over the last few decades has also indicated a strong link between brain dominance and behaviour. The aim of this research was to establish to what extent the brain dominance of learners and educators influence their attitude towards and perceptions of the implementation of schools' codes of conduct and their resulting behaviour in class. Educators' response to indiscipline was studied against the backdrop of the Constitution, and more specifically the Bill of Rights, as well as other legislation pertaining to learner discipline. The findings revealed a strong link between brain dominance and the behaviour and attitudes of learners and. educators regarding school discipline. It is therefore suggested that the code of conduct should be developed with input from learners and educators from all four quadrants of the brain. Where possible, a measure of flexibility should be included in these documents in the form of incentives for good behaviour and by using discretion when implementing the code of conduct. The insight of educators and learners into the implications of brain dominance was also found to be crucial. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

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

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

The role of brain dominance in the maintenance of learner discipline Recent research in especially Education Law has shown that maintaining discipline in South African schools constitutes a problem for many educators. Research over the last few decades has also indicated a strong link between brain dominance and behaviour. The aim of this research was to establish to what extent the brain dominance of learners and educators influence their attitude towards and perceptions of the implementation of schools' codes of conduct and their resulting behaviour in class. Educators' response to indiscipline was studied against the backdrop of the Constitution, and more specifically the Bill of Rights, as well as other legislation pertaining to learner discipline. The findings revealed a strong link between brain dominance and the behaviour and attitudes of learners and. educators regarding school discipline. It is therefore suggested that the code of conduct should be developed with input from learners and educators from all four quadrants of the brain. Where possible, a measure of flexibility should be included in these documents in the form of incentives for good behaviour and by using discretion when implementing the code of conduct. The insight of educators and learners into the implications of brain dominance was also found to be crucial. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.