Thesis (PhD ) - Open University. BLDSC no.DXN054620.

Thesis (doctoral)--Université de Genève, 1938. / Includes bibliographical references (p. [103]-107) and index.

This research is an in-depth look into a museum striving to put into practice qualities of a socially responsible museum by providing educational programs for an underserved audience. The purpose of this research is to study the qualities and characteristics of two Community Partnership programs for court-involved youth at the San Diego Museum of Art. Identifying the qualities and characteristics of this particular museum program could be utilized by other museums in creating similar programs. Detailed data collection in the form of observations, interviews, and documentation provided a comprehensive view of this program. The research concludes with recommendations for other museums implementing similar programs and is based on the findings from the San Diego Museum of Art's work with court-involved youth. / text

This project explores the role that the United States Supreme Court plays in shaping public opinion. Previous scholars have successfully demonstrated that political elites influence public opinion, but those researching the Court's influence on attitude change have reached mixed findings. I build on previous work in three important ways. First, I employ a method of attributing attitude change to the Court that is a theoretical and empirical improvement over previous ways of identifying those who should be influenced by the justices, "reception" of cases. By "reception", I mean whether an individual understands the Court's decisions. Second, I place Court decisions within the broader information environment that includes the cues sent to the public by other political elites. These cues may reinforce or undermine the justices' decision, which could amplify or undercut the effect of receiving cases on attitude change. Third, I take advantage of recent work on the dynamics of attitude change by interacting reception with one's relevant pre-existing beliefs and personal characteristics. To test these assertions, I use a mixed method, multi-case design that combines existing survey research with original data collected from a quasi-experiment conducted in summer 2005. The results indicate that under certain conditions, receiving Court decisions is associated with attitude change on the issues involved in the cases. This project closes with several suggestions for future research including how to refine reception as a method of attributing attitude change to the Court. / text

The 1996 Constitution of the Republic of South Africa is the supreme law of the Republic and in enjoying this status it is prescribing the composition of the three different arms of government as well as each branch’s status within the new constitutional dispensation. Prior to this era of constitutional supremacy South Africa was subject to the principle of parliamentary sovereignty, an era where the courts could only challenge legislation on procedural grounds, but had no general power to declare legislation unconstitutional. The Constitution further provides for a separation of powers between these arms of government, and it has vested the judicial authority in the courts and conferred strong judicial review powers upon the Constitutional Court. The head of executive has recently argued that “the powers conferred on the courts cannot be regarded as superior to the powers resulting from a mandate given by the people in a popular vote”. The preceding quote is one of many statements and claims that forms part of a national debate on the nature and scope of the Constitutional Court’s powers in South Africa. The Constitutional Court has in recent years handed down judgments that were not favourable to the legislative6 and executive arms of the South African government. / Magister Legum - LLM

No description available.

No description available.

This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition. / International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.

The International Criminal Court (hereinafter ICC) is a new permanent international judicial tribunal which plays an important role in combating international crimes and dispensing justice. It was established in 1998 by the international community after much effort and compromise. It is designed to be an independent international body, with the autonomy to determine its budget and control its funding. This study discusses how the ICC acts as a mechanism to create a nexus between international criminal and humanitarian law by prosecuting crimes like genocide, crimes against humanity, war crimes and the crime of aggression, that fall within its jurisdiction. The study seeks to show that the international jurisdiction of the ICC is a potential safeguard against arbitrary national criminal procedures in respect of those who are accused of committing serious international crimes. The ICC's jurisdiction is complementary to that of national courts that are unable or unwilling to investigate and prosecute these crimes. National judicial systems are still required to play a primary role in combating international crimes and it is important that states, organisations and individuals assist the ICC if it is to become an effective deterrent to perpetrators of international crimes. The rationale behind the ICC's establishment is that the international community is under a legal obligation to prosecute violations of international law in either national or international courts. The study also analyses the role of the ICC in balancing the rights of the victims and the rights of the accused by applying the guarantees and safeguards for conducting fair trials set out in the Rome Treaty. In this way, it seeks to show that prosecuting and punishing perpetrators of international crimes is an important contributing factor in the creation of a human rights' culture, while also serving as a deterrent to prospective violators of international human rights and humanitarian law. / Thesis (LL.M)-University of KwaZulu-Natal, Durban, 2005.

This Master of Laws thesis provides an analysis of Manitoba Court of Queen's Bench civil money judgment cases, sampled quantitatively for 1995 and 2004, to examine the length of time from the filing of a claim to judgment being issued, before and after the implementation of Manitoba Queen s Bench Rule 20A. The historical roots of Manitoba court procedure and certain enforcement processes are examined to explain historically: if you get the judgment, how do you get the money? The procedural law is rooted in the English medieval common law system of judicial writs, most recently made more efficient by Manitoba Queen s Bench Rule 20A. This remains basic to issues of law reform for all common law jurisdictions, including Saskatchewan s Enforcement of Money Judgments Act, and this thesis concludes with a set of qualitative recommendations.