Universities have traditionally stood as bastions of academic freedom and forums for open discourse and free expression. In recent years, however, this role has been questioned in instances where university administrators have, either directly or complicity, denied students the opportunity to express certain viewpoints they deem “controversial”. This research paper explores whether a university, or its delegates, should be allowed to deny students access to campus facilities and resources solely on the basis of ideological viewpoint. The relevance of the Canadian Charter of Rights and Freedoms, statutory human rights provisions, and common law doctrines to the student-university relationship are explored in turn. It is argued that, notwithstanding the fact that universities may be “private” actors to whom the Charter does not directly apply, they are institutions invested with a public interest, and as such ought to be subject to special duties of non-discrimination.

Universities have traditionally stood as bastions of academic freedom and forums for open discourse and free expression. In recent years, however, this role has been questioned in instances where university administrators have, either directly or complicity, denied students the opportunity to express certain viewpoints they deem “controversial”. This research paper explores whether a university, or its delegates, should be allowed to deny students access to campus facilities and resources solely on the basis of ideological viewpoint. The relevance of the Canadian Charter of Rights and Freedoms, statutory human rights provisions, and common law doctrines to the student-university relationship are explored in turn. It is argued that, notwithstanding the fact that universities may be “private” actors to whom the Charter does not directly apply, they are institutions invested with a public interest, and as such ought to be subject to special duties of non-discrimination.

The company developed through an evolutionary process. Our conceptualization of the company and its position in law is determined by our philosophical approach to justice (our underlying system of belief), the resultant theory of law that we adopt and the underlying economic, political and social environment in which the company operates. Three broad philosophical approaches to justice are identified in this study. The first revolves around the idea of maximizing welfare, the second around the idea of respecting freedom and the third approach sees justice as bound up with virtue and the good life. It is argued in this thesis that we cannot detach arguments about justice and rights from arguments about virtue and the good life. It is not possible to devise a grand theory of the nature of the company. But from a normative perspective the communitarian theory and arguably the concession theory (more particularly the dual concession theory of Dine) is the most acceptable theory of the nature of the company. The real entity theory, as articulated by Dodd, is the preferred theory of the corporate personhood of the company. A company, especially a large company, is a public or quasi-public entity and a corporate citizen that should have the same legal, social and moral rights and responsibilities as a natural person. From a normative perspective the entity maximization and sustainability model (EMS model) and the stakeholder model are the most attractive models of corporate governance. It is generally accepted that the ultimate purpose of the company must be to serve society. Subject to this ultimate and supreme objective, the corporate objective on a narrower level must be to maximize and sustain the company as a separate legal entity. The aforesaid conceptualization of the company corresponds with the normative value system that underpins the Constitution of the Republic of South Africa, 1996 (the Constitution), and therefore also the Companies Act 71 of 2008 (the Companies Act of 2008). The Constitution encompasses a social democratic vision for South Africa in which commercial autonomy must be tempered by virtue, dignity and social and economic equality. The Companies Act of 2008 gives express recognition to bring company law within our constitutional framework. There has been a fundamental paradigm shift in the normative value system that underpins our company law since liberalism and laissez-faire reigned supreme in the eighteenth and nineteenth century Great Britain, from which country our company law originates. The underlying philosophy and approach of our company law is now more aligned with that of Canada. This also has an important effect on the rights, protections and remedies of creditors and employees of the company. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

O presente estudo tem o objetivo de demonstrar que a probidade administrativa é um direito fundamental e que disto se originam inúmeras e importantes repercussões jurídicolegais. Assim, demonstrar-se-á que a probidade é um direito formalmente fundamental (fundamentalidade formal) considerando a sua previsão expressa no título II da Constituição Federal. Além disto, é direito materialmente constitucional (fundamentalidade material), tendo em vista a sua vinculação direta e efetiva com a dignidade humana. Não bastasse, a probidade administrativa é também direito fundamental vez que decorre do regime e de princípios constitucionais e tratados internacionais de que faz parte o Brasil, com base na cláusula de abertura do art. 5°, § 2° da Constituição Federal. Além do mais, é limitador do poder estatal e se vincula à própria existência do mínimo existencial. Foi necessário, contudo, revisitar a ascensão pós-positivista e a formatação da teoria dos direitos fundamentais. A partir daí, o presente estudo se ocupou em esmiuçar a teoria geral da improbidade administrativa, com especial atenção à formatação (teórica e prática) do ato ímprobo e a sua divisão em três grandes grupos (desonestidade funcional estrita, ineficiência funcional danosa e deslealdade funcional). Após, enumeram-se as importantes repercussões jurídicas do reconhecimento da probidade como um direito fundamental, em especial, a vinculação direita dos poderes constituídos aos seus pressupostos legais e constitucionais, uma releitura dos pressupostos teóricos da configuração do ato ímprobo e o reconhecimento da probidade como cláusula pétrea. Diante deste quadro, demonstra-se a importância de tais considerações para a vida dos juristas e dos cidadãos que dependem, em grande monta, de uma administração pública efetivamente proba.

Reformed Christians utilise article 36 of the Belgic Confession (BC) to state the Godly calling of civil authorities. This confession may however be in conflict with the South African constitution. According to article 36 authorities have, in accordance with the keeping of order, a duty concerning the removal of false religion. The constitution guarantees everyone in South Africa freedom of religion. This study thus investigates the following stated problem: To what does God call South-African authorities within the constitutional democracy in the light of art. 36 and how can they fulfil this calling? The investigation has been undertaken in line with the argument that the principals of art. 36 are not only Biblical but should also still be used as a starting point to identify the calling of South African authorities concerning the keeping of order as well as the protection of the ministry of the Holy Word and the Christian life according to this Word. The following three investigations were then launched: * A dogmahistorical and theological-ethical investigation Chapter 2 focuses on the context in which the BC originated. It was drafted to convince Roman Catholic minded authorities to stop persecuting Reformed Christians as they - in contrast with some revolutionary Anabaptists - wanted to obey the government. Reformed Christians wanted to live according to the Word (which requires obedience to the authorities). If the authorities protected the ministry of the Word, peace and order would be promoted. Chapter 3 explains art. 36. This explanation is complicated by the fact that the article has been changed over time. In certain instances it has been interpreted to mean that God, in light of the close bond between church and state at that time, calls civil authorities to persecute heretics even with force. The article however actually calls authorities to protect the ministry of the Word and so doing support the removal of heresy. The article takes a narrow view of the true form of the true religion. * A constitutional investigation Chapter 4 describes the South African constitutional democracy as well as its origin and indicates what (sometimes unrecognised) role the Reformed tradition played in forging constitutional democracy. Subsequently the fundamental values and forthcoming stipulations concerning the freedom of conscience and religion are highlighted. Although authorities do not - in a juridical sense - contend with what would be the true form of the true religion, this study has found the constitutional values and forthcoming stipulations broadly agree with Biblical principles. Yet South African authorities interpret these values and stipulations in accordance with secularist / humanistic beliefs. * A contextual investigation This final chapter investigates how well the current constitutional framework enables (chapter 4) South African authorities to fulfil the calling (chapter 2 and 3).The final conclusion is that this framework does indeed enable these authorities to fulfil the calling by recognising, protecting and expanding the fundamental values, freedoms and rights which have been constitutionally entrenched in order that every one has the space and opportunity to utilise these rights and freedoms to live according to the gospel of Jesus Christ in all spheres of life This task undoubtedly includes that the authorities should protect the ministry of the Word by pertinently ensuring that churches have the opportunity to minister the Word to everyone. It has been found that authorities should preferably take up the attitude of the active plural option towards religion as this option is most suitable for fulfilling their calling. / Thesis (Ph.D. (Church and Dogma History))--North-West University, Potchefstroom Campus, 2011.

Reformed Christians utilise article 36 of the Belgic Confession (BC) to state the Godly calling of civil authorities. This confession may however be in conflict with the South African constitution. According to article 36 authorities have, in accordance with the keeping of order, a duty concerning the removal of false religion. The constitution guarantees everyone in South Africa freedom of religion. This study thus investigates the following stated problem: To what does God call South-African authorities within the constitutional democracy in the light of art. 36 and how can they fulfil this calling? The investigation has been undertaken in line with the argument that the principals of art. 36 are not only Biblical but should also still be used as a starting point to identify the calling of South African authorities concerning the keeping of order as well as the protection of the ministry of the Holy Word and the Christian life according to this Word. The following three investigations were then launched: * A dogmahistorical and theological-ethical investigation Chapter 2 focuses on the context in which the BC originated. It was drafted to convince Roman Catholic minded authorities to stop persecuting Reformed Christians as they - in contrast with some revolutionary Anabaptists - wanted to obey the government. Reformed Christians wanted to live according to the Word (which requires obedience to the authorities). If the authorities protected the ministry of the Word, peace and order would be promoted. Chapter 3 explains art. 36. This explanation is complicated by the fact that the article has been changed over time. In certain instances it has been interpreted to mean that God, in light of the close bond between church and state at that time, calls civil authorities to persecute heretics even with force. The article however actually calls authorities to protect the ministry of the Word and so doing support the removal of heresy. The article takes a narrow view of the true form of the true religion. * A constitutional investigation Chapter 4 describes the South African constitutional democracy as well as its origin and indicates what (sometimes unrecognised) role the Reformed tradition played in forging constitutional democracy. Subsequently the fundamental values and forthcoming stipulations concerning the freedom of conscience and religion are highlighted. Although authorities do not - in a juridical sense - contend with what would be the true form of the true religion, this study has found the constitutional values and forthcoming stipulations broadly agree with Biblical principles. Yet South African authorities interpret these values and stipulations in accordance with secularist / humanistic beliefs. * A contextual investigation This final chapter investigates how well the current constitutional framework enables (chapter 4) South African authorities to fulfil the calling (chapter 2 and 3).The final conclusion is that this framework does indeed enable these authorities to fulfil the calling by recognising, protecting and expanding the fundamental values, freedoms and rights which have been constitutionally entrenched in order that every one has the space and opportunity to utilise these rights and freedoms to live according to the gospel of Jesus Christ in all spheres of life This task undoubtedly includes that the authorities should protect the ministry of the Word by pertinently ensuring that churches have the opportunity to minister the Word to everyone. It has been found that authorities should preferably take up the attitude of the active plural option towards religion as this option is most suitable for fulfilling their calling. / Thesis (Ph.D. (Church and Dogma History))--North-West University, Potchefstroom Campus, 2011.