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1	The meaning of 'Organ of State` in South African law Mdumbe, Moses Fanyana 30 June 2003 (has links) `Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M. Public Constitutional function Constitutional power Administration Department of State Control test Public interest Definition clause Functionary Statutory body Governmental institution State Public body The state Public function Public power Organ of state 342.068 Constitutional law -- South Africa
2	The meaning of 'Organ of State` in South African law Mdumbe, Moses Fanyana 30 June 2003 (has links) `Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M. Public Constitutional function Constitutional power Administration Department of State Control test Public interest Definition clause Functionary Statutory body Governmental institution State Public body The state Public function Public power Organ of state 342.068 Constitutional law -- South Africa
3	Etude de la concession dans une perspective contrastive français - vietnamien à partir de corpus oraux / Research of the concession from a contrastive perspective French - Vietnamese from oral corpora Do, Thi Thu Trang 16 December 2016 (has links) Cette thèse étudie l'expression de la concession l'oral dans une perspective contrastive français - vietnamien. A partir d'un corpus d'émissions radiophoniques en français et ensuivant trois approches complémentaires - linguistique, logique et interactionnelle -, le fonctionnement et les caractéristiques des concessions ont été analysés afin de les classer par catégories et d'en proposer un modèle d'expression. Les concessions en vietnamien ont été étudiées à partir de données homologues afin de mettre en évidence les similitudes et les différences. / The aim of this PhD is a linguistic analysis of the concessive clause in a contrastive French/Vietnamese perspective based on a corpus of radio programs. Three complementary approaches (linguistic, logical and interactional) are used to define the functions and the properties of concessive clauses in French as in Vietnamese in order to observe the similarities and the differences toward a modelling. Linguistique Concession Français Vietnamien Corpus oral Données situées Analyse contrastive Concession définitionnelle Modélisation Interaction Sémantique Syntaxe Linguistics Concessive clause French Vietnamese Oral corpora Contextualized data Contrastive analysis Concessive word definition clause Modelling Interaction Semantics Syntax 400

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