The aim of this thesis is to demonstrate that communication involves more than just language. Culture is central in the process and must be taken into account in order for effective communication to be achieved. The emphasis is on translation and how it is actually a form of intercultural communication. A host of examples are provided to show how translation is severely limited and at times nonsensical when cultural factors are ignored. / Intercultural communications is also discussed in detail to shed light on what is involved. The resulting arguments pertaining to the limitations inherent in translation and intercultural communication are then put into the context of refugee hearings in order to provide some practical applications and point to areas where communication may be deficient.

<p>In this project, I examine why the judicial authority of the United States Supreme Court has increased. I propose a theoretical explanation of endogenous institutional change at the Court whereby the actions of the Court---specifically its decisions and the opinions in which it announces those decisions---have, over the long-run, altered the structures of the American separation-of-powers system. The Court has built up public support for the institution of judicial review to such a degree that its rulings are respected even when opposed by strong political actors---including the public. I evaluate this theory by analyzing three important transitional periods of Supreme Court history. The first case study explores the Court under Chief Justice John Marshall, and examines how the Court established judicial review as the most important means of constitutional interpretation. The second case study explores the Court's first cases interpreting the three Reconstruction Amendments, and shows that through these decisions the Court established itself as the arbiter of the meaning of these new amendments. The third case study looks at the Court's decision to hear reapportionment cases and its articulation of the political question doctrine that provided a legalistic method of expanding the political power of the Court. I conclude from these case studies that my theory provides a useful explanation for the expansion of judicial authority.</p> / Dissertation

The legal system is responsible for the prosecution of an accused of sexual abuse of a child. The prosecution process is a complicated and an adult-orientated area. In South Africa sexual abuse of children is noticeably high. The sexual abuse of a child is traumatic and an intimidating experience for the child. The child is usually the only/main witness in a sexual abuse case. The child's testimony is the main aspect in the guilty ruling of an accused. Courts must apply special measures for child witnesses to testify optimally in court. Special measures include a court preparation process of the child witness. This study investigated the experience of the child witness of the court preparation process of Blue Downs court. The current programme was also described, and discussed in terms of current best practice programmes as described in literature. This study was based on a case study. The sexually abused child witness, the child's parent, the court preparation officer as well as the senior state prosecutor were interviewed. The most important findings of the study were that the court preparations process of Blue Downs court is successful and appropriated structured. The parent as well as the child experienced the programme as positive, and their anxiety levels were hereby lowered. A few training needs for court preparation officers, were identified. Court preparation processes need ongoing evaluation, to perform at its best and to be successfu1. Adjustments, such as more intensive training of the court preparation officers, are necessary to improve the process. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2010.

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.

The legal system is responsible for the prosecution of an accused of sexual abuse of a child. The prosecution process is a complicated and an adult-orientated area. In South Africa sexual abuse of children is noticeably high. The sexual abuse of a child is traumatic and an intimidating experience for the child. The child is usually the only/main witness in a sexual abuse case. The child's testimony is the main aspect in the guilty ruling of an accused. Courts must apply special measures for child witnesses to testify optimally in court. Special measures include a court preparation process of the child witness. This study investigated the experience of the child witness of the court preparation process of Blue Downs court. The current programme was also described, and discussed in terms of current best practice programmes as described in literature. This study was based on a case study. The sexually abused child witness, the child's parent, the court preparation officer as well as the senior state prosecutor were interviewed. The most important findings of the study were that the court preparations process of Blue Downs court is successful and appropriated structured. The parent as well as the child experienced the programme as positive, and their anxiety levels were hereby lowered. A few training needs for court preparation officers, were identified. Court preparation processes need ongoing evaluation, to perform at its best and to be successfu1. Adjustments, such as more intensive training of the court preparation officers, are necessary to improve the process. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2010.

This thesis looks at the state of marriage equality activism in the wake of the Supreme Court’s June 26, 2013 decisions in United States v. Windsor and Hollingsworth v. Perry. Some scholars, such as Gerald Rosenberg, argue that Supreme Court decisions can never affect “significant social change,” either directly or indirectly, while others argue that such decisions can be hugely important in directly affecting policy. My focus is on how activist organizations, which have a substantial track record of directly affecting policy, are influenced by changes to the political environment stemming from major Court decisions regarding social issues. After examining how past litigative efforts such as Baehr v. Lewin and Goodridge v. Department of Public Health have affected the LGBT rights movement, and marriage equality activism specifically, I discuss how organizational strategies have changed minimally, but the political environment in which marriage equality activism is operating has shifted quite a bit, especially in terms of framing and legal precedent. I conclude that Court decisions can indeed have a significant impact on social change by affecting the way in which it is possible for activists on both sides of the issue to shape and deliver their message to the general public, legislators, and courts in future litigative efforts.

The doctrine formed by the Constitutional Court of Lithuanian Republic has opened new aspects of jurisdiction directly not approved neither by the Constitutional Court, nor by the Constitution, nor by the law on the Constitutional Court. Therefore in this final candidate work is widely analyzed what powers the Constitutional Court has, checking conformity of legal certificates to the Constitution.

For nearly half a decade discussion of the responsibility to protect (R2P) and international criminal justice proceeded along separate lines. However, in recent years an emerging perception that international criminal law may contribute to putting an end to a continuing atrocity crimes has lead to its use as an R2P reactive tool. This paper examines the relationship between R2P and the activity of International Criminal Court (the ICC), and the implications of their recent rapprochement. Firstly, the paper aims to bring a much-needed focus on the implications of their current interaction in ongoing conflict situations. Secondly it examines whether the convergence of R2P and the ICC represents a paradigmatic shift toward humanity’s law and a possible utopian tyranny or reinforces the traditional statist system as the fundamental framework for conflict mediation opening the door to a possible “cynic tyranny”. Thirdly, it considers how ICC and R2P activities should be coordinated.

For nearly half a decade discussion of the responsibility to protect (R2P) and international criminal justice proceeded along separate lines. However, in recent years an emerging perception that international criminal law may contribute to putting an end to a continuing atrocity crimes has lead to its use as an R2P reactive tool. This paper examines the relationship between R2P and the activity of International Criminal Court (the ICC), and the implications of their recent rapprochement. Firstly, the paper aims to bring a much-needed focus on the implications of their current interaction in ongoing conflict situations. Secondly it examines whether the convergence of R2P and the ICC represents a paradigmatic shift toward humanity’s law and a possible utopian tyranny or reinforces the traditional statist system as the fundamental framework for conflict mediation opening the door to a possible “cynic tyranny”. Thirdly, it considers how ICC and R2P activities should be coordinated.

This thesis employs a social constructionist perspective to analyze constructions of the International Criminal Court (ICC), specifically (1) the notion of impunity; (2) the presence of a critical analysis; and (3) the connection between state support/opposition and favourable/negative portrayals of the Court. The theory chapter focuses on the propaganda model’s main premise that “media serve the interests of that state … framing their reporting and analysis in a manner supportive of established privilege and limiting debate accordingly” (Herman & Chomsky, 1998, p.32). A thematic qualitative content analysis and several tools of grounded theory deconstructed 1,982 articles collected from The Globe and Mail, The Toronto Star, The New York Times, and The Washington Post. Overall, the newspapers contained a high level of support for the propaganda model’s main assertions. Some of these conversations were quite limited and/or biased; specifically, American newspapers manipulated debates to justify American opposition to the Court.