Thesis (doctoral)--Universiteit van Amsterdam.

Thesis (LL. M.)--York University, 2000. Graduate Programme in Law. / Typescript. Includes bibliographical references (leaves 227-235). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pMQ56167.

Thesis (doctoral)--Universität, Tübingen, 2007. / Includes bibliographical references and register.

The socio-political tranquility of Hyderabad-Deccan preceding 1948 facilitated much educational and cultural advancement. This rapidly developing environment provided Hamidullah with the ideal opportunity for educational growth, having earned five degrees related to the field of law by the age of 28 in 1936. He began writing at age 18, and thereafter he dedicated his life to literary pursuits. Today, he has written over 100 books and 900 articles; he speaks over 20 languages and writes in over 10 languages. Along with one of his major areas of focus, Islamic constitutional law, he has written on a variety of other subject areas, ranging from Islamic theology to Islamic history, from Qur'anic exegesis to Orientalism. / This thesis attempts to study five books in the field of Islamic constitutional law by Dr. Muhammad Hamidullah in order to provide a sample to judge and analyze his scholarship. Against the background of Hamidullah's historical and political context coupled with his high level of religiosity, the thesis will examine his utilization of the scientific approach throughout his writings. This thesis furthermore looks at the potential reasons he chose the path of study that he did, dedicating his entire life to the literary sphere and to a lesser degree the political sphere. It focuses on Hamidullah's thought and methodology as they emerged from his social and political background and as he expressed them in his literary achievements. This thesis, therefore, sets out to develop a critical analysis of Hamidullah's works, his philosophical perspective, and his contribution to contemporary scholarship. / Hamidullah has contributed to Islamic scholarship by making available Islamic literature to mixed audiences since he follows the scientific approach, writes in a variety of languages, and covers a wide range of unique topics. Indeed Dr. Muhammad Hamidullah is a well-esteemed scholar of formidable status and prestige in numerous fields of Islamic history.

The Canadian Charter of Rights and Freedoms has significantly changed the functions of the Canadian courts. Ever since its entrenchment in 1982, the third branch of government has enjoyed a powerful status in the Canadian polity. Countless Charter decisions, affecting the lives of all Canadians, have been rendered. The courts have been asked to rule on cruise missile testing, abortion, aboriginal rights, minority language rights and a whole range of other issues of a political, economic or social nature. Our political system, whose traditional foundations lay in the principle of parliamentary supremacy, has become one of constitutional supremacy. The new and powerful status of the nonelected judiciary has raised serious questions not only regarding the legitimacy of judicial review under the Charter but also the institutional capacity of the courts to face the Charter challenge. The author examines the nature of the judiciary's policy-making function under the Charter in order to determine the extent to which the courts are equipped to fulfil their task. The thesis suggests that in order to face the Charter challenge effectively, the courts can no longer operate within the framework of the traditional adversary process. Instead, the courts must constantly look to the prevailing values in our society as well as examine thoroughly social and scientific phenomena before rendering an "informed" policy decision. This can only be achieved through a coherent framework of Charter analysis and effective ways in handling extrinsic materials. The focus of the present paper is on section 1 of the Charter which, due to its open-ended language, most clearly invites courts to make policy-type decision.

Zimbabwe adopted the Lancaster Constitution in 1980. This constitution has been amended a record nineteen times. The critic on some of the amendments is that they have undermined the fundamental tenets of constitutionalism. Therefore, in the light of the fact that the tide of constitutionalism is sweeping throughout Africa, the dissertation critically evaluates the extent to which the Lancaster Constitution subsumes the basic tenets of constitutionalism. This evaluation is precipitated by the fact that Zimbabwe is currently grappling with drafting a new Constitution. Through this evaluation the inescapable conclusion is that the Lancaster Constitution merely provides a veneer of constitutionalism. Drawing from the constitutional experience of Anglophone African countries which include Botswana, Ghana, Lesotho, Malawi, Namibia, South Africa and Zambia; the dissertation offers some reforms which the drafters of the new constitution could include in the envisaged constitution. It is argued that it is only after a constitution embodies the identified fundamental tenets of constitutionalism that it becomes worth the paper it is written on. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

In Sparrow, the Supreme Court of Canada stated that ss. 35(1) is “a solemn commitment that must be given meaningful content” the objective of which is to ensure that Aboriginal rights “are taken seriously.” Despite such a clear directive from the highest court, in Manitoba Métis Federation v. Canada [2007], MacInnes J. of the Queen’s Bench of Manitoba seemed incapable of taking seriously the Aboriginal title of the Métis under s. 31 of the Manitoba Act, 1870, and in no way thought of its explicit recognition as ‘a solemn commitment that must be given meaningful content’. For his part, if Scott C.J. of the Manitoba Court of Appeal was able to find a ‘cognizable Aboriginal interest’ in the expression ‘Indian title’, and thereby recognize to some extent Métis Aboriginal rights, he seemed incapable of conceiving such interests as title. This thesis is basically an attempt to ‘take seriously’ the common law Aboriginal title of the Métis. In order to do so, it first looks at the treatment of the concept of Indian title and the Royal Proclamation, 1763, in the lower courts throughout the infamous St. Catharine’s Milling and Lumber case. Subsequently, the existing common law doctrines of inherent Métis rights, those of the derivative rights doctrine, the empty box doctrine and the distinct Aboriginal people doctrine are all found to be inadequate to the task of providing cogency to the ‘constitutional imperative’ that was evoked in Powley. A fourth doctrine is therefore proposed, that of a Métis Autochthonous or Indigenous rights doctrine. In light of this, it is argued that the recognition of the ‘Indian’ title in s. 31 was not a mere ‘political expediency’ but is rooted in the underlying constitutional principle of the protection of minorities. Furthermore, insofar as the ‘Indian’ title of the Métis is taken seriously, it can be seen as having been extinguished through the federal power over ‘lands reserved for Indians’ under ss. 91(24). The legal implication is that they were, in the logic of the times, basically enfranchised ‘Indians’. Finally, by applying the grid established in Sioui for determining the existence of a ‘treaty’, it is argued that s. 31 is a ‘treaty’ or land claims settlement within the meaning of s. 35.

This thesis highlights the emergence of a wrongful system conception of rights violations. In the modern welfare state, many constitutional rights violations are not discrete, one-off events but instead result from the combined conditions and dynamics of a state-sponsored system. These rights violations are pervasive and ongoing and are detected not through the existence of malevolent intent, but through an assessment of the outcomes and effects of the system on particular groups of individuals. / This thesis explains why wrongful system rights violations can only be effectively remedied through detailed structural reform programs. It identifies the nature and main features of such programs. It asks whether and what capacity the courts have to sponsor these kinds of programs. / The question of court-sponsored structural reform is approached from an institutional competency perspective that focuses on the courts' remedial capacities. Accordingly, this thesis examines the courts' remedial powers---concentrating on equity---and also the courts' remedial limits. / To examine remedial limits, the courts' dominant remedial framework---corrective justice---is examined. The inability of the corrective remedial framework to ground structural reform remedies is discussed, and the disjuncture between court remedial rhetorical and court remedial practice is highlighted. This thesis argues that a strictly corrective remedial framework is inappropriate in constitutional rights adjudication and advocates the development of a broader remedial framework in this field of adjudication, a framework more suited to the development of structural reform remedies.

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