The purpose of the thesis is to analyze the concept of the freedom of artistic creation and expression in the European Union law, in particular its recognition in primary law, above all in the Charter of Fundamental Rights of the European Union (Charter), and in the case law of the Court of Justice of the European Union (CJEU). Considering that interpretation of human rights and fundamental freedoms in the EU law is greatly based on constitutional traditions of EU member states and on the approach to these rights established within the Council of Europe, this thesis also deals with the conception of the freedom of artistic expression in constitutions of EU member states and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as interpreted by the European Court of Human Rights (ECtHR). While relevant case law of the CJEU is only fragmentary, it refers systematically to the extensive case law of the ECtHR, which provides comprehensive theory of the freedom of artistic expression in Europe and provides for studying the evolution of the conception in time. The core method of research used in this thesis is the analysis of different sources of primary and secondary EU law, national law and case law; the thesis refers namely to the case law of the CJEU and...

If the expectancy that someone was to act according to what we deem to be his or her “duty” was that straightforward, there would be no need to address the issues of liability of the employee for the wrongful acts of the employer. The recent - and some say alarming - trend in South Africa to hold employers (particularly the government) liable for wrongful, culpable acts committed by their employees, gives rise to difficulties and any inquiry into the possible vicarious liability of the employer should necessarily always start by asking whether there was in fact a wrongful, culpable act committed by the employee. If not, there can neither be direct liability of the employee nor vicarious liability by the employer. Where the employee did indeed commit a delict, the relationship between the wrongdoer and his or her employer at the time of the wrongdoing becomes important. It is then often, in determining whether the employee was acting in the scope of his or her employment that normative issues come to the fore. Over the years South African courts have devised tests to determine whether an employee was in fact acting in the scope of his employment. / Jurisprudence / LL. M.

For at least the past two decades, international Anglicanism has been gripped by a crisis of identity: what is to be the dynamic between autonomy and interdependence? Where is authority to be located? How might the local relate to the international? How are the variously diverse national churches to be held together 'in communion'? These questions have prompted an explosion of interest in Anglican ecclesiology within both the church and academy, with particular emphasis exploring the nature of episcopacy, synodical government, liturgy and belief, and common principles of canon law. However, one aspect of Anglican ecclesiology which has received little attention is the place of provincial polity and metropolitical authority across the Communion. Yet, this is a critical area of concern for Anglican ecclesiology as it directly addresses questions of authority, interdependence and catholicity. However, since at least the twentieth century, provincial polity has largely been eclipsed by, and confused with, the emergence of a dominant 'national church' polity. This confusion has become so prevalent that the word 'province' itself is used interchangeably and imprecisely to mean both an ecclesial province in its strict sense and one of the 39 'member- churches' which formally constitute the Anglican Communion, with a handful of 'extra-provincial' exceptions. The purpose of this research project is to untangle this confusion and to give a thorough account of the development of provincial polity and metropolitical authority within the Communion, tracing the historical origins of the contemporary status quo. The scope of this task is not in any way intended to be a comprehensive history of the emergence of international Anglicanism, but rather to narrowly chart the development of this particular unit of ecclesial polity, the province, through this broader narrative. The historical work of Part One in itself represents an important new contribution to Anglican Studies; however, the project aims to go further in Parts Two and Three to identify from this context key questions concerning the problems facing contemporary Anglican polity as the basis for further theological and ecclesiological reflection. Part Two examines how provincial polity has given way to an assumption of the 'national church' as the building block of the Communion. To what extent is it consonant with Anglican tradition? How is it problematic? What tensions exist with a more traditional understanding of the province? How might all this relate to wider political understandings and critiques of the 'nation- state' in an increasingly globalised world? Along with the emergence of a 'national church' ecclesiology, so too has the role of the 'Primates' been magnified. Part Three charts this development, culminating in a critique of the recent 2016 Primates' Meeting. What is the nature of primacy within Anglicanism and how does it relate to metropolitical authority? What is the right balance of honour and authority as it relates to primacy? How do Anglican understandings of primacy correspond to those of the Roman and Orthodox Communions? Finally, Part Four attempts to give some concrete focus to the preceding discussion through the illustrative example of the Anglican Church of Australia, which is frequently cited as being analogous to the Communion in having a loose federal system and resolutely autonomous dioceses. The prevalence of this 'diocesanism' has recently been criticised by the Royal Commission into Institutional Responses to Child Sexual Abuse. However, there has been a recent revival of provincial action within the Province of Victoria in response to these issues which will be evaluated to discern what the Australian example might offer toward a theologically robust and credible ecclesiology for Anglicanism into the twenty-first century.

Text in English with summaries in English and Afrikaans / Bibliography: leaves 89-108 / Democracy in South Africa came at a price. The apartheid era did not accommodate or incorporate democratic and constitutional principles. The year 1996 saw a democratic Constitution being adopted, having been certified by the Constitutional Court. The Bill of Rights in the Constitution guarantees the rights and freedoms of all South Africans. The apartheid era ensured that the rights which are enjoyed today were reserved for only a portion of the South African population. This study emphasises the importance of the Constitution and the role and responsibility of every citizen to defend it. In defending the Constitution, the rights and freedoms of all South Africans are defended. The Bill of Rights promotes social development for all South Africans, as opposed to disparate social development under the divisive apartheid era. The Constitution is a powerful enabler for democracy and social cohesion and unity. This study depended on secondary sources which are vital to keeping historical facts alive and truthful. Desktop research is qualitative and, while less expensive, produces acceptable results and findings. / Demokrasie in Suid-Afrika het met 'n prys gekom. Die apartheidsera het nie demokratiese en grondwetlike beginsels geakkommodeer of opgeneem nie. In 1996 word 'n demokratiese Grondwet aanvaar, wat deur die Grondwet Hof gesertifiseer was. Die Handves van Menseregte in die Grondwet waarborg die regte en vryhede van alle Suid-Afrikaners. Die apartheidsera het verseker dat die regte wat vandag geniet word, slegs vir 'n gedeelte van die Suid-Afrikaanse bevolking gereserveer is. Hierdie studie beklemtoon die belangrikheid van die Grondwet en die rol en verantwoordelikheid van elke burger om dit te verdedig. Deur die Grondwet te verdedig word die regte en vryhede van alle Suid-Afrikaners verdedig. Die Handves van Menseregte bevorder sosiale ontwikkeling vir alle Suid-Afrikaners, in teenstelling met uiteenlopende sosiale ontwikkeling onder die verdelende apartheidsera. Die Grondwet is 'n kragtige instaatsteller vir demokrasie, sosiale samehorigheid en eenheid. Hierdie studie was afhanklik van sekondêre bronne wat noodsaaklik is om historiese feite lewendig en waaragtig te hou. Desktop-navorsing (boek) is kwalitatief en hoewel dit goedkoper is, lewer dit aanvaarbare resultate en bevindings op. / Development Studies / M.A. (Development Studies)