In the post apartheid state, education is viewed as an important tool for rapid socio-economic development. The economic, ecological, technological and political conditions that characterized the South African crisis were assumed to be a result of inadequate education partly due to Bantu education. Accordingly the new democratic government with the view of revamping the education system in compliance with the provisions as stipulated in the Constitution and other subordinate laws endeavoured to decentralize power and authority to School Governing Bodies (governance) and administrative management of schools to principals. It must be appreciated therefore that some among those who were appointed to positions of school principals lacked the craft-literacy and craft-competency skills to devise effective and efficient administrative management processes needed to produce functional schools in a constitutional democracy. The research therefore seeks to determine the levels of craft-competency and craft-literacy of public school principals in administering case law in schools as required by the Constitution of South Africa, 1996, the Employment of Educators Act, 76 of 1998 and The Promotion of Administrative Justice Act (PAJA), 3 of 2000 to mention but a few legislative instruments. In principals’ exercise of power and authority during the process of administering their schools, the administrative actions must be lawful, reasonable and procedurally fair in line with the relevant empowering provisions in their disposal. The qualitative case study used was meant to interpretively test the impact of the admissions policy as amended by The Education Laws Amendment Act, 50 of 2002 in public schools. It appears that only craft-competent and craft-literate principals are better positioned to adopt correct administrative actions that ensure that the rights of learners are not infringed upon and that their interests are taken care of at all times. It also seems that , generally speaking, principals lack craft-competency and craft-literacy skills and that they receive inadequate support. / Dissertation (MEd)--University of Pretoria, 2008. / Education Management and Policy Studies / unrestricted

Le revirement de jurisprudence est une figure complexe, souvent mal identifiée et qui reste en mémoire bien plus pour les inconvénients qu’elle pose que pour les progrès qu’elle apporte. Alors que le débat doctrinal en la matière est ancien et semble insoluble, de nouvelles pratiques de la Cour de cassation apportent un éclairage nouveau. La Cour a désormais l’occasion de s’exprimer sur ses revirements. Ainsi, la lecture des arrêts, de la doctrine organique et des travaux préparatoires permet de dessiner les contours des revirements et de les distinguer des autres arrêts. Le revirement apparaît alors comme une transition entre deux états du droit positif auquel s’intègrent résolument les règles jurisprudentielles. Cette transition, justifiée par des raisons internes ou externes à la Cour de cassation, ne peut être très clairement identifiée dès lors que la jurisprudence comporte intrinsèquement une part d’incertitude, mais l’utilisation d’un faisceau d’indices en améliore la définition. Une fois le revirement identifié, ses effets peuvent être gérés. Depuis quelques années, la Cour de cassation pratique de manière exceptionnelle la modulation dans le temps desdits effets. Cette solution n’est cependant pas la seule que les juges ont à leur disposition et elle ne suffit pas à encadrer tous les revirements de manière satisfaisante. Un véritable droit des revirements de jurisprudence doit donc être élaboré. / Case law reversal is an intricate ruling, frequently misidentified and recollected far more for the shortcomings it causes than for the improvement it brings. While the doctrinal debate on this topic goes back a long way and seems unfathomable, new methods used by the “Cour de cassation” open new perspectives. The Court may now speak freely about its reversal rulings. Thus, reading of judgements, organic doctrine, and preliminary work allow delineating the reversals and differentiating them from the other judgements. The reversal then appears as a transition between two states of positive law where the case law rules resolutely fits. This transition, justified by internal or external motives specific to the “Cour de cassation”, cannot be very clearly identified because case law, by its very nature, involves an element of uncertainty. Nonetheless, the use of a body of clues improves its definition. Once the reversal has been identified, its impact can be handled. For the past few years, the “Cour de cassation” has been remarkably adjusting the effects mentioned above over a period of time. However, this solution is not the only one available to magistrates and also insufficient to frame up all reversals in a satisfactory way. It is therefore necessary to draw up a genuine law on case law reversals.

1 Criminal liability in healthcare with focus on an analysis of Czech and Slovak court rulings Abstract This master's thesis deals with the issue of criminal liability of healthcare workers. The aim of this thesis is to create a comprehensive overview of the Czech legislation of the relevant part of criminal law and individual institutes of medical law and to present related case law. Slovak legislation is used for comparison. The thesis consists of six parts, the first chapter is focused on the legal regulation of medical law and its international and national sources. It also deals with types of legal liability of healthcare professionals such as civil, labour, administrative and disciplinary liability. The second and one of the most extensive chapters approaches criminal liability and its necessary conditions. It describes the current concept of crime in more detail as well as the analysis of the necessity of the principle of subsidiarity of criminal repression. It also includes legal regulation of criminal liability of legal entities. The third chapter is dedicated to a cardinal concept - lex artis as an appropriate level of expertise, which contains a number of obligations that every healthcare worker must comply with. The process of proving criminal liability of medical workers in criminal proceedings...

The Role of the Grand Chambers of the Supreme Courts and of the Plenum of the Constitutional Court in Judicial Law-Making Abstract Grand Chambers (GCs) are considered to be the most authoritative judicial bodies within multi-panel supreme courts. They are said to secure the unity, continuity, and quality of these courts' decision making. This thesis explores these claims in relation to GCs of three Czech highest courts - the Supreme Court, the Supreme Administrative Court, and the Constitutional Court. What is the role of the GCs in the decision-making of these Courts and how do the GCs fulfil their role? The thesis addresses these questions from both doctrinal and empirical angles. Doctrinally, it analyses with respect to all three courts the criteria for selecting GC cases, the character of GC decisions, and the status of GC precedents. Empirically, it explores how many and what type of cases the case-selection mechanism generates and how the GC's decisions influence the decision- making of other Court formations. On the basis of this analysis, the main argument of the thesis is that courts' use of GCs influences the way the multi-panel courts develop the law. The three key parameters of any GC that the thesis identifies are (i) the justification of its authority, (ii) the means of asserting its authority...

Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic Abstract This thesis examines eight rulings of The Supreme Court of the Czech Republic that were handpicked for their extraordinary relevance in labour law. The author of this thesis attempts to find the solution to the problems solved by The Supreme Court in these rulings and then compares his reasoning and conclusions with the ones provided by The Supreme Court while evaluating the validity of the court's reasoning and conclusions along with whether The Supreme Court found its conclusions in a methodically sound manner. Rulings of cases No. 21 Cdo 4986/2010, 21 Cdo 224/2013, 21 Cdo 2745/2013, 21 Cdo 385/2014, 21 Cdo 5433/2014, 21 Cdo 3240/2015, 21 Cdo 1276/2016 and 21 Cdo 1276/2016 were the ones selected for analysis. The subject matter of the rulings listed above is as follows: When can an empoyer terminate a non- compete clause, whether or not specifying the applicable reason for termination in a medical opinion is needed in order to use said medical opinion as grounds for such termination, whether obstacle to work on the employee's part takes precedence over obstacle to work on the employer's part or vice versa, the relation between entitlement to severance pay and compensation provided by the Labour...

Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...

Indiana University-Purdue University Indianapolis (IUPUI) / In the U.S., the transgender community disproportionately experiences a rate of unemployment three times that of the national average. These nearly 1.4 million individuals receive no explicit federal employment protections. Though judges have historically concluded that Title VII of the Civil Rights Act of 1964 does not offer such protections, the Sixth Circuit recently concluded that transgender discrimination is prohibited under Title VII. A study was conducted to discern what lead to the Sixth Circuit explicitly extending Title VII’s sex-based protections to transgender individuals. Analysis consisted of data from historical Title VII legal cases—citing sex-based discrimination— brought by, or on behalf of, transgender individuals in the Sixth Circuit. The sample included 20 court records from 11 legal cases identified through the Nexis Uni database. Both a thematic analysis and a Critical Discourse Analysis (CDA) were conducted. The thematic analysis illustrated four distinct steps taken by the Sixth Circuit—in addition to the two steps previously taken by other Circuits and the Supreme Court. Each stage revealed small deviations in statutory interpretation and application, which lead to a marked change in the legal discourse on Title VII’s sex-based discrimination prohibition. The CDA compared the Circuit’s starting discourse to its more recent discourse and found judges’ moved from a passive to an active role in constructing the legal discourse. Overall, the study illustrates the judicial branch of government’s influential impact on employment rights, and more broadly, social justice. Further, the study presents legal engagement as essential to the pursuit of social change. Given social work’s value of social justice, forensic participation is a suitable addition to the social work toolkit. / 2023-08-05

The Trust in law within the case law of the Constitutional Court of the Czech Republic Abstract The main topic of the diploma thesis is an attitude of the Constitutional Court of the Czech Republic towards the principle of trust in law presented in its case law. The thesis is stratified into three major sections. The first part is focused on the Constitutional Court as one of the fundamental constitutional institutions - in the beginning of the thesis highlights its substance and explains why it's case law is worth studying in detail. Considering the main topic, some aspects described in this first part are analyzed through the optics of trust or credibility. Firstly, the significance of constitutionality protection and the history of constitutional judiciary are studied shortly. Further, this part inspects the position of the Constitutional Court within our constitutional system. Also, the relationship between the Constitutional Court and general courts is studied and separate chapter is dedicated to the legislation of the Constitutional Court's executive mechanisms. Moreover, the problematics of case law as a theoretical concept and controversial questions which are regarding the case law analysed in the literature are mentioned. The first part is concluded by investigating the criticized aspects of...

In 2014, the decision of the European Court of Justice on the A, B, and C, case was a landmark moment in refugee law. Namely, it theoretically rang the death knell of the use of stereotypes on sexuality in refugee status determination. This study draws on reflexive thematic analysis of judgments of the French National Court of Asylum to explore whether stereotypes persist and, if so, what meaning they entail. It argues that the French National Court of Asylum seems to privilege essentialist, homonationalist, and cis-homo-normative understanding of refugee subjects. In doing so, this thesis identifies problematic areas and engages with them, drawing on recent literature on the subject.

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