Legislation regulating minimum sentences in South Africa was re-introduced by sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which came into operation on 1 May 1998. These provisions were regarded as a temporary measure to be effective for two years, where after they were extended from time to time. After they had been extended for several times, section 51 was rendered permanent on 31 December 2007 by the Criminal Law (Sentencing) Amendment Act 38 of 2007. At the same time sections 52 and 53 were repealed by the same Act. Minimum sentence legislation was the result of a call by the community for heavier penalties and for the offenders to serve more realistic terms of imprisonment. There was also a general dissatisfaction about the perceived leniency of sentences imposed by the courts for serious crimes. During 1996 and in the wake of these concerns the Minister of Justice requested the South African Law Reform Commission to investigate all aspects of sentencing in South Africa. A Project Committee chaired by a judge of the High Court was appointed and it operated from the late 1996 to March 1998. Minimum sentences for certain serious crimes were one of the options to be investigated by the Project Committee. Consequent to this the Criminal Law Amendment Act 105 of 1997 was promulgated with effect from 1 May 1998. The legislature intended this Act to defer criminal activity, to avoid disparities in sentencing and to deal harshly with perpetrators of serious offences. The subsequent amendments to the Act included the granting of jurisdiction to the Regional court to pass life imprisonment, an automatic right of appeal against life imprisonment in respect of a juvenile accused and identification of circumstances that do not constitute substantial and compelling circumstances. Judicial discretion and departure from prescribed minimum sentences had initially presented a problem regarding its interpretation in a variety of cases in our courts. Eventually our courts came up with a clear interpretation of the meaning of the phrase substantial and compelling circumstances. This research project will analyze the provisions of the Criminal Law Amendment Act 105 of 1997 with regard to minimum sentences for certain serious offences. In the process case law and other literature will be discussed regarding the interpretation of minimum sentence provisions in the Act. Recommendations for legislation which will cover the aspect of sentencing on a wider scale are made.

Japan is facing a reality in which the peaceful safeguards of Article 9 of the constitution has become an obstacle for the Government of Japan to ensure the safety and security of its people. Under Prime Minister Shinzo Abe, major security policies have been implemented that have come to redefine the role of Japan within the international community. The aim of this thesis is to outline what policies were implemented by the Government of Japan, how these differed from the previous policies, and how they were received by the Japanese voters, to create an understanding of how Japan came closer to constitutional amendment through the two national elections in 2014 and 2016. The thesis presents the developments leading up to the two elections, as well as security and economic measures taken by the Japanese government. This is then followed with the use of the Copenhagen School´s Securitization theory, to analyze the events, measures taken, and the response from the Japanese voters. The Analysis concludes that the Japanese public have remained divided on the topic of constitutional amendment, but been in favor of the continuation of the Abenomics, the economic policies pursued by the Government of Japan, which has also been a major topic in the two elections.

In this thesis deals with the issue of prohibition of alcohol. At the beginning of the work are discussed theoretical approaches to the prohibition of alcohol across the major authors of the economic community . Then I deal with the prohibitive measures in several countries. In these two examples, a detailed study of the causes , course and consequences of prohibitive measures are implemented . For example serves two major experiments in this area , is the first of Prohibition in the United States of America (USA) , second prohibition is almost unknown in Tsarist Russia, respectively . in the Union of Soviet Socialist Republics ( USSR). At work I have carried out a detailed study of the causes of prohibition in relation to the U.S. when I consider the prohibition of the years 1920-1933 for determining the direction of the legislative creation of Americans that influences the legislative power to this day. In the case of Prohibition in Russian countries I concentrated course , because unlike Prohibition in the U.S. was an administrative directive measures. In my work, I have proved that prohibitive measures nationwide scope of the pre- reliant to fail if they are not accepted by the general public . Under other circumstances, lead to circumvention of the law and the growth of crime. I am also on the basis of the findings refute the commonly accepted view that the prohibition in the USA in the years 1920-1933 was an absolute failure. The failure was undoubtedly related to the political point of view , however, if one takes into account the health impact on society, according to statistics reported for 1933. Prohibition changed the culture of the society as alcohol consumption , when the company moved from the bars and streets of privacy. Repeal of Prohibition was a logical step in the new circumstances on the 1930s

This thesis deals with the impacts of amendments of Act on Lotteries and Other Like Games effective since 2012 on sports betting operators, state budget of the Czech Republic and funding of Czech sport. Furthermore, this paper analyses the issue of cross-border provision of gambling services in the EU and examines the compliance of Czech regulatory framework with EU law. Finally, it proposes solutions to identified weaknesses.

The topic of this thesis is bankruptcy as a form of insolvency solution with a practical example of company Z plus M TRADING Ltd. The goal of the thesis is to describe the gist of bankruptcy proceedings and describe the changes in Czech insolvency law that took place with the introduction of the new Civil Code effective from 1 January 2014. The thesis is divided into six chapters. It provides information on history of insolvency, bankruptcy proceedings or provides statistics on insolvency proceedings. The gathered information is then applied to a specific example of a company in bankruptcy.

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Thesis advisor: Thomas H. Groome / The public schools in the United States fail to deliver a curriculum that adequately addresses religion in general and the many world religions in particular. This lacuna does not represent the constitutionally required neutrality of schools toward religion(s) and non-religion, but instead indicates the existence of what the author terms the hostility of neglect. When the curriculum privileges non-religious epistemologies, ideologies, and worldviews, such as secularism and scientism, often to the exclusion of religious ways of knowing and making meaning, then the schools violate the First Amendment of the Constitution as interpreted by the Supreme Court. In this dissertation, the dominant myths of America’s founding are examined historically in an effort to provide a thick description and critical analysis of the reigning meta-narratives that influence the debate concerning religion in American public schools (chapter 1). Then, turning to the particular, some current models of inclusion or exclusion of religion(s) in/from the curriculum are identified and examined, with a brief proposal for a new way forward called the Meaningful Inclusion Approach (chapter 2). To demonstrate the constitutionality of this new proposal, a careful study of the Constitution and its interpretation by the Supreme Court is presented, highlighting especially the demand for neutrality and the Court’s positive opinion concerning teaching about religion(s) in public schools as part of a secular program of education that is considered complete (chapter 3). The constitutional question is followed by a critique of the reigning educational paradigm, which is unduly subservient to the market economy, too narrowly focused on STEM technical knowledge, and hyper-individualistic. In an exploration of alternative educational philosophies, warrant is found for not only teaching about religion(s) but also learning from religion(s), thus taking seriously the demands of neutrality and the promise of a holistic, liberal education (chapter 4). The author then proposes resituating the educational project in terms of the common good. A basic framework is proposed for education that is rooted in a healthy understanding of the human person in society, and which calls for a problem-posing approach to education that values cooperation, building bridges through dialogue to encourage the virtue and commitment of solidarity, and openness to both religious and non-religious contributions to human knowledge and wisdom (chapter 5). Finally, a consideration of the unique circumstances of our post-secular age and the urgency of the need for religious literacy in a globalized world is presented as a major rationale for changing the curricula of our public schools without delay. The dissertation concludes with a proposal for the Meaningful Inclusion Approach (MIA) to learning about, from, and with religion(s) in age-appropriate ways from kindergarten through grade 12 (chapter 6). / Thesis (PhD) — Boston College, 2021. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Religious Education and Pastoral Ministry.

This thesis focuses on the legal adjustment of leave. Due to the novelization of the Code of work which is being heard by these times, leave is very topical issue. First pages of this thesis discourse the term "leave", its characteristics and its purpose, which is mainly the regeneration of labor force. Following are the sources of leave's legal regulations, which include mainly the international treaties, European labour act, constitutional law and valid domestic legal enactments. Significant portion of this thesis is dedicated to the analysis of leave's history since the beginnings of labour act, through the first anchorage of paid leave in legal enactments, till the release of the first labour code in 1965, including its comparison with the actual enactment. The most significant part of this thesis investigates in detail the present legal regulations and individual establishments of the ninth part of the labour code, called leave, considering practical problems with its actual application. Within thirteen assessments of the labour code is stated following: types of leave, origination of right for leave in calendar year and its variable part, legal measurement of leave, leave for worked days, supplementary leave, common regulations for leave, rules for leave draft, compensation of pay and salary during...

Thesis advisor: Marc Landy / Prior to the passage of the 17th Amendment, senators were selected by state legislators, a measure designed to remove them from fluctuations of popular whim. By 1913, reformers, having assailed members of the Senate as insular to the changing needs of their constituents, pressed for fundamental, structural reform, including direct popular elections. But few works have assessed the nature of senatorial campaigns under the indirect regime. I research contemporaneous newspaper coverage and personal correspondences of individual senators to better glean their levels of sensitivity to re-election pressures — a significant qualitative contribution to the discourse. And I measure the extent to which a state’s political conditions influenced the tendency for senators to engage in public appeals for popular support. Senatorial elections were already pseudo-democratic before 1913, experiencing an emergent element of popular legitimacy as public sentiment meaningfully informed the process and conduits for public accountability were expanding. In stark contrast to prevailing perceptions, senators were keenly sensitive to electoral pressures. By cultivating popular support, they regularly tried to bolster their positions vis-a-vis powerful party leaders, state legislators, and pivotal decision-makers. But the strategy was risky as well, for a poor showing in the November elections invited intra-party challenges. Ultimately, my dissertation tells a story of how parties adapted to changing conditions to remain politically viable and survive in a new age, granting concessions to the electorate which were designed to promote greater popular participation whilst maintaining overall control over the process. The crusade for reforming the senatorial selection method was conducted on behalf of reformers who sought to redress perceived inequalities and dysfunction in the system. Debates over the balance between democratic self-government and the importance of whom Jonathan Rauch term “the middlemen” continue to percolate, colorizing the dispute within the Democratic Party over the role of superdelegates and efforts to abolish the Electoral College. And my research explores the intersection of democratic reforms and racialized politics with the adoption of the invidious “white primary” in South Carolina and the factors which gave rise to the race-baiting, populist demagogue Benjamin Tillman — the precursor to modern-day populists and illiberal democracies. / Thesis (PhD) — Boston College, 2020. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Political Science.

Magister Legum - LLM / The majority of South Africa’s 257 municipalities are in a dire state as evidenced by the recent reports of the Auditor-General (AG). 1 The Minister of Cooperative Governance and Traditional Affairs revealed that only 7 percent of the country’s 257 municipalities are classified as wellfunctioning insofar as they are capable of carrying out their tasks adequately.2 From the remaining municipalities, the Minister pointed out that 87 municipalities (31 percent) are ‘frankly dysfunctional’ meaning that service delivery in these municipalities is poor or at times non-existent because of poor governance, inadequate financial management, and poor accountability mechanisms.