This thesis deals with constitutional law and other legal subjects such as Jurisprudence and Judicial Review. One constitution is distinguishable from another by its own provisions. These provisions are usually referred to as either the basic characteristics or features of the particular constitution and these are invariably derived from the basic political philosophy and constitutional arrangements of the particular country. A coup affects these characteristics in different ways. Some automatically disappear as being incompatible with the revolution; some are modified, others are strengthened. The usurpers may choose to set aside the constitution completely and replace it with another, or amend it to suit the new situation, or rule without any constitution. This often happens amidst the rattle of weapons and the whirr of military engines in and around the capital of a given country on that awesome occasion. This thesis sets out to examine the legal aspects of a coup d’ etat. The thesis is divided into six broad sections. Part one will deal with the theoretical background. I shall discuss an overview of Kelsen’s pure theory of law. The second part deals with the scope of its application in revolutionary situations and will also touch upon the reason behind the Kelsen’s theory as shown by decided cases from country to country. The third part deals with the essence as well as the significance of the doctrine of necessity to validate unconstitutional acts in the case of a coup d’ etat. This discussion is to pave the way for the fourth part which is to explore the position of judges who took oath of office under the old constitution. I am to explain their position after a coup d’ etat. The fifth part forms the gist of my research. I shall examine the effect of a coup d’ etat on traditional constitutional concepts such as fundamental rights, separation of powers, rule of law and judicial review in the military regime. The sixth part will deal with African experience. I shall include recommendations and conclusions drawn from the Lesotho and Uganda experiences.

No description available.

The main scholarly goal of this thesis is to identify the different types of relationship indigenous traditional laws and traditional governance structures have with the laws and institutions of the modern state in Africa. The aim is to distil lessons, insights, and observations which have comparative relevance for the study of (non-Western) constitutions and constitutionalism. The case-studies from Botswana, South Africa, and Ethiopia are part of this search for potentially generalisable patterns which hold across both time and place. The investigation is thus, both a) a comparison across three case-studies and b) a historic comparison across time. That is, each case-study contains a comparison of the different legal and political mechanisms managing the relationship between the traditional and the modern during the different constitutional phases spanning precolonial, colonial, and post-colonial periods. For each case-study investigation starts with the international and regional levels of analysis and then moves down to the national and local levels. After examining nation-wide constitutional and political factors, the focus is directed on the traditional laws and governance structures in three select locations: i) the Bakgatla Batswana of Botswana; ii) the Transkei amaXhosa of the Eastern Cape; and iii) the Guji/Borana Oromo of Ethiopia. The three case-studies epitomise three different paths to empowering indigenous African constitutionalism. In Botswana we see early recognition, domestication, and continuity; in South historical distortion, manipulation, followed by democratic rebirth; and in Ethiopia we see how an idealised version of indigenous Oromo constitutionalism is in resurgence after its near extinction in recent history. / Thesis (LLD)--University of Pretoria, 2021. / Public Law / LLD / Unrestricted

Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the Constitution. Section 32 of the Constitution also guarantees to everyone the right of access to information. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) was promulgated to give effect to this fundamental right as contemplated in s 32(2) of the Constitution. This thesis considers the extent to which the provisions of PAJA may be applicable to the actions of the South African Legal Practice Council (“the LPC”). It also considers the extent to which the provisions of PAIA may be applicable to the records of the LPC. Some remedial legislative amendments to the provisions of both PAJA and PAIA are recommended with the view of addressing certain identified legal obstacles. The proposed legislative amendments will enhance the exercise, realisation, enforcement and protection of both the right to just administrative action and the right of access to information.

My thesis addresses the question of whether an imposed traditional justice system operating through traditional courts is still relevant in South Africa. I interrogate whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional leadership at a local level. As a unitary democratic state with diverse cultures, the Constitution also acknowledges and grounds diversity which could be interpreted as permitting legal pluralism. I argue that the Constitution envisages recognition and application of the indigenous system within the existing courts of law and subject to the Constitution. Traditional leaders must be recognised in line with the injunction that customary law must be developed and applied by courts. Any other different construction on how traditional courts may be rationalised promotes the interest of traditional leaders and creates an unstable pluralist legal system enabling inequality and discrimination contrary to constitutional imperatives.

The 2008 subprime mortgage crisis is characterized by an increase in subprime lending and default on such mortgages. A combination of factors, such as risk excessive risk taken on by financial institutions, poorly implemented government housing policies and biased regulation are perceived to have caused the crisis. In response to the crisis, Congress approved the largest bailout of the United States financial system in taxpayer history. Signed into law by President George W. Bush, the Troubled Asset Relief Program (TARP) authorized the federal government to spend hundreds of billions of dollars to purchase distressed assets, including mortgage-backed securities, and provide liquidity to banks. Comprehensive financial reform followed the bailout package in the form of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This paper examines how both pieces of legislation threaten the constitutional protection of economic liberties.

Originally presented as the author's thesis (doctoral--Nagoya Daigaku) under the title: Gasshūkoku ni okeru Kenpō kaishaku hōhōron no saikōsei.

No abstract available. / Thesis (LL.D.)-University of Natal, Durban, 1982.

Thesis (doctoral)--Université de Genéve.

Inaug.-Diss.--Würzburg. / "Literaturverzeichnis": p. [7]-9.