Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library. / "The thesis of this dissertation is that the Gleeson High Court is a largely a-theoretical Court, in that the judicial decisions of the Court are characterised by a low-level of abstraction, and the Gleeson Court does not theorise at length about the reasons for adopting a particular judicial approach. This approach distinguishes the Gleeson Court from the realist based jurisprudence of the Mason Court, which articulated the relevance of legal theory and tended to make statements of wide legal principle. The approach of the Gleeson Court also diverges from Dixonian legalism, which the analysis presented in this thesis will establish is a theoretical form of legalism." --p. 4. / http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1297203 / Thesis (Ph.D.) -- University of Adelaide, Law School, 2007

Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library. / "The thesis of this dissertation is that the Gleeson High Court is a largely a-theoretical Court, in that the judicial decisions of the Court are characterised by a low-level of abstraction, and the Gleeson Court does not theorise at length about the reasons for adopting a particular judicial approach. This approach distinguishes the Gleeson Court from the realist based jurisprudence of the Mason Court, which articulated the relevance of legal theory and tended to make statements of wide legal principle. The approach of the Gleeson Court also diverges from Dixonian legalism, which the analysis presented in this thesis will establish is a theoretical form of legalism." --p. 4. / http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1297203 / Thesis (Ph.D.) -- University of Adelaide, Law School, 2007

This thesis aims to assess the role played by disagreement in the High Court???s constitutional law decisions. It does so firstly by considering the theoretical arguments in favour of allowing expression of dissent and those which urge judicial restraint and observance of precedential values. The tensions between change and conformity, and also the individual and institutional aspects of adjudication, intersect when the Court divides. The complex nature of disagreement on a multimember judicial body is further examined in the context of devising an empirical methodology for the quantification of dissent on the High Court. The thesis selects a period of a little over twenty years for detailed examination. Within that timeframe, it measures the prevalence and nature of disagreement amongst the Justices of the Court, with particular emphasis upon constitutional cases. From these results, various streams of opinion are examined for subsequent significance. In particular, the thesis contrasts the practice of persistent dissent from the Court???s approach to an issue, with those occasions when a minority Justice yields to the demands of stare decisis. The impact of dissent upon the development of the Court???s constitutional interpretation is evaluated. Although the study finds that direct reversals in the law in favour of an earlier dissent occur very rarely, it argues that dissents may still exercise a powerful influence on the Court???s pronouncements. The contribution which minority opinions make to judicial deliberation is to inevitably alter the context of the Court???s decision. Consideration of two specific case studies illustrates that this may result in the law taking a more moderate path or may actually lead to greater efforts by a majority to strengthen the cogency of its approach. In either scenario, dissent plays a far more subtle role than suggested by the myth of a ???Great Dissenter??? and the dramatic redemption of his or her lone opinions. To only assess the value of dissenting judgments against that standard is to fail to appreciate the true nature of their influence in many cases and their importance to the work of the High Court.

This thesis aims to assess the role played by disagreement in the High Court???s constitutional law decisions. It does so firstly by considering the theoretical arguments in favour of allowing expression of dissent and those which urge judicial restraint and observance of precedential values. The tensions between change and conformity, and also the individual and institutional aspects of adjudication, intersect when the Court divides. The complex nature of disagreement on a multimember judicial body is further examined in the context of devising an empirical methodology for the quantification of dissent on the High Court. The thesis selects a period of a little over twenty years for detailed examination. Within that timeframe, it measures the prevalence and nature of disagreement amongst the Justices of the Court, with particular emphasis upon constitutional cases. From these results, various streams of opinion are examined for subsequent significance. In particular, the thesis contrasts the practice of persistent dissent from the Court???s approach to an issue, with those occasions when a minority Justice yields to the demands of stare decisis. The impact of dissent upon the development of the Court???s constitutional interpretation is evaluated. Although the study finds that direct reversals in the law in favour of an earlier dissent occur very rarely, it argues that dissents may still exercise a powerful influence on the Court???s pronouncements. The contribution which minority opinions make to judicial deliberation is to inevitably alter the context of the Court???s decision. Consideration of two specific case studies illustrates that this may result in the law taking a more moderate path or may actually lead to greater efforts by a majority to strengthen the cogency of its approach. In either scenario, dissent plays a far more subtle role than suggested by the myth of a ???Great Dissenter??? and the dramatic redemption of his or her lone opinions. To only assess the value of dissenting judgments against that standard is to fail to appreciate the true nature of their influence in many cases and their importance to the work of the High Court.

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In 1966, the High Court of Uganda legitimised the new nation's first coup d'etat. After two decades of civil war, Ugandans enacted their first popular constitution in 1995. However, the judiciary's dominant positivist ideology, Matovu's ghost, still haunts the new legal order. The author sets out this ideology's presumptions and then critiques them against an alternative, pluralist map of laws in Uganda. / The constructive analysis of recent case law (or lack thereof) that follows shows how this ideology undermines the constitution's promises of equality and freedom. This pluralist methodology is also essential to explain contemporary crises like the Lord's Resistance Army, arms proliferation in Karamoja and Museveni's "no-party" rule. In conclusion, exorcising Matovu's ghost is a priority for Ugandans and the process deserves considered thought for legal scholars advocating the "rule of law" or interventions by the International Criminal Court.

In a recent judgment by the Free State Provincial Division of the High Court of South Africa it was decided that a trustee who resigns is only relieved from his duties when his name is removed from the letter of authority by the Master of the High Court. This judgment has caused many questions to be raised regarding the implications of the resignation by a trustee. This judgment and the current legal position of the resigning trustee are investigated in this dissertation. The legal position of the resigning trustee seems to be uncertain, and the mentioned judgment should not be unreservedly accepted as correct. The role and responsibility of the Master of the High Court in this process is considered, as well as the legal position of the resigning trustee, the remaining trustees and third parties contracting with the trust. Certain conclusions are drawn and recommendations are made regarding this aspect of South African trust law. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2009.

In a recent judgment by the Free State Provincial Division of the High Court of South Africa it was decided that a trustee who resigns is only relieved from his duties when his name is removed from the letter of authority by the Master of the High Court. This judgment has caused many questions to be raised regarding the implications of the resignation by a trustee. This judgment and the current legal position of the resigning trustee are investigated in this dissertation. The legal position of the resigning trustee seems to be uncertain, and the mentioned judgment should not be unreservedly accepted as correct. The role and responsibility of the Master of the High Court in this process is considered, as well as the legal position of the resigning trustee, the remaining trustees and third parties contracting with the trust. Certain conclusions are drawn and recommendations are made regarding this aspect of South African trust law. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2009.

An overview is given of the difficulties surrounding the concurrent jurisdiction of the Labour Court and High Court The main categories of the jurisdictional dispute are identified and systemised. The main branches are those of statutory overlap and interpretation of statutes. Statutory overlap concerns matters remaining from the industrial court era, urgent applications, delict and law of contract. Statutory interpretation mainly involves the interpretation of provisions in the Bill of Rights of the Constitution. An overview of the principles of jurisdiction with respect to the different courts, as well as a brief historical review of the development of such jurisdiction is given. Particular attention is given to the role of fundamental rights in the Constitution. Broad principles are identified whereby the difficulties may be addressed.

No description available.