This dissertation explores the collaborative process and use of language that went into the creating the United States Constitution in 1787. From a technical communication perspective, the collaborative process explored did not develop any new theories on collaboration, but instead, allows scholars to track the emergence of a well-documented America collaborative process from the early period of the developing American nation on a document that has remained in use for over 235 years. in addition to examining this collaborative process, the author also discusses the use of passive voice and negative language in the first article of the Constitution.

Les bases constitutionnelles, présentées par Georges Vedel en 1954, permettent de comprendre la construction du droit administratif en un édifice spécifique. Les règles du droit constitutionnel expliquent alors pourquoi le droit de l’administration est dérogatoire au droit commun et pourquoi celle-ci possède sa propre juridiction. Si le doyen Vedel, ainsi que tous ceux qui ont étudié sa théorie, ont parfaitement traité ce phénomène dans le droit contemporain, il n’a pas fallu attendre 1954 pour que le droit constitutionnel influence profondément le droit administratif. En effet, ces deux matières ont toujours été étroitement liées et la doctrine n’a pas fondé sa définition du droit administratif en faisant abstraction de l’organisation des pouvoirs ou de la notion d’État. L’étude historique permet alors de mettre en lumière le puissant lien qui unit constitution et droit administratif. Elle replace la théorie dans toute l’étendue de sa temporalité en démontrant à quel point elle a été déterminante tout au long du XIXe siècle. C’est ainsi la nature du droit administratif qui est éclairée. Pour cela, il nous faut remonter à la loi des 16 et 24 août 1790 qui sépare les autorités administrative et judiciaire et à la Constitution de l’an VIII qui crée le Conseil d’État. La doctrine est tout particulièrement étudiée afin de comprendre les rapports entre droit administratif et droit constitutionnel, tout comme les textes constitutionnels et les débats parlementaires. Il apparaît alors que les bases constitutionnelles ont permis la construction du droit administratif au XIXe siècle en affirmant la spécificité de ce droit naissant tout en assurant qu’il se développe dans un sens favorable au pouvoir politique. Néanmoins, à compter des années 1870, l’argument s’efface progressivement pour faire place aux nouvelles façons de penser l’État et le droit administratif. Ce mouvement ne fera que s’amplifier au cours de la première moitié du XXe siècle. / The constitutional bases as presented by Georges Vedel in 1954, enable to understand the construction process of the administrative law as a very specific creation. The rules of constitutional law explain why the administrative right is overriding the ordinary law, as well as the reason why the administration benefits from its own specific jurisdiction. If Vedel – and all those who have studied the theory he left – have perfectly examined this phenomenon in contemporary law, the constitutional law actually started to influence administrative law way before 1954. Indeed, these two subjects have always been closely related and the doctrine included a reflexion about the organisation of powers and the notion of State, to base its definition of administrative law. The historical study enlightens the close relation that exists between a constitution and the administrative law. It replaces the theory back to the temporal context in which it tooks place, then showing how crucial it has been all along the 19th century. Then, it is the very nature of administrative law that is clarified. To this end, we should go back to the study of the law of August 16th and 24th 1790, which proceeds to the separation between the administrative and judicial authorities, as well as to the Constitution of year VIII, which creates the Conseil d’État. The doctrine is particularly examined to be able to understand the relationship between administrative and constitutional law, as well as the constitutional texts and the parlementary debates. Therefore, it appears that the constitutional bases enabled the construction of the administrative law in 19th century, in stating the specificity of this emerging law, while ensuring its development in a way that favours the political institution. However, from 1870, the argument loses its importance in favour of new conceptions of the notion of State and administrative law. This trend will only progress in the first half of the 20th century.

Magister Legum - LLM / It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .

MA (Xitsonga) / Ehansi ka M.E. R. Mathivha ya Tindzimi ta Afrika, Vutshila ni Ndhavuko / See the attached abstract below

Constitutional development in England in the 17th century Abstract This thesis aims at a thorough analysis of this period and its critical evaluation. It is based on the English constitutional development since the time of William the Conqueror and its summary is an integral part of it. The author considers the 17th century to be one of the most important periods that defined the modern constitutionality and state system of England. The main topic of the thesis is the already mentioned analysis, especially the relationship between the English monarchs and the English Parliament during the 17th century. The author defines the 17th century by a dispute between a monarch and a parliament based on the division of powers, which has changed rapidly over time. The emphasis is on the fact that during this time there has been a significant reduction in the sovereign's ancient rights and the transfer of many powers to parliament. The author describes the change in the powers of the king and parliament, especially in the field of fiscal, executive and justice, church affairs, foreign policy and the right to convene and dissolve parliament. She also deals with the development of parliamentary privileges, such as freedom of speech, division of power, immunity in voting on parliamentary bills, etc. The structure of the...

This dissertation provides the first critical account of modernism as a constitutional culture. I explore how key Anglophone modernists responded to the emergence of federal governance as a national norm and international ideal, with particular focus on the movement for British imperial federation and the forms of postcolonial governance it influenced during the twentieth century. Intervening in recent methodological debates over the social effects of literary form, I develop an interdisciplinary analysis of literature's relationship to informal constitutional change and write literary history as alternative constitutional history. Through close reading and original historical and archival research, I show how writers incorporated federalism's logic of plural perspectives and distributed sovereignty while also registering unacknowledged forms of racial apartheid, or what Edward Kamau Brathwaite calls “negative federation.” By identifying modernist fiction’s critical relationship to liberal federalism, I argue that modernism’s distinctive formal disruptions mediated the changing constitutional form of states across the Anglophone world. My introduction surveys the Anglo-American discourse of federation and defines the study’s central concepts of racial capitalism, modernist formal decadence, and informal constitutional change. Chapter one explores ways in which Oscar Wilde's study of political philosophy and his 1882 visit to the southern United States influenced his critical views on imperial federation and his development of the gothic Bildungsroman as a means of portraying metropolitan constitutional corruption. Chapter two places Virginia Woolf's novels on the timeline of constitutional reforms that prolonged British rule in India, demonstrating that her characters' identity crises and her invention of a style of modernist national biography reflected attempts to redefine the Empire as a quasi-federal Commonwealth. Chapter three analyzes the historical and romance elements in William Faulkner’s fiction, arguing that his attention to liberal federalism’s economic foundations produces a collection of constitutional apocrypha that disrupts the perspectives and assumptions of white supremacy. The conclusion sketches liberal federalism’s postcolonial trajectories through case studies of Joseph Conrad, Jean Rhys, Claude McKay, Ralph Ellison, and Salman Rushdie. The narratives I examine indicate modernist fiction’s ability to amplify what modern political theory refers to as “constituent power”: the disruptive influence of subjects who have been excluded from the liberal state’s formally constituted power.

The main purpose of this mini-dissertation is to understand the relationship between gender, land, culture and the tension between African culture and the constitution in the context of communities under traditional authorities in South Africa. South African has a number of communities residing in the former ‘homelands’ or Bantustan States created by the apartheid government and colonists. These communities have their own cultures and custom and their relationship is generally governed by indigenous law. However some of their cultures and customs have been adulterated by colonists who imposed Western imported laws which subjected indigenous law to a repugnancy clause, whereby sections of indigenous law that were considered to be in conflict with the Western principles of justice, equity and fairness were regarded as inferior and unenforceable. For communities under traditional authorities land is very important as it is used for building a home and for subsistence farming. However all land in these communities is held in trust by the Chief who allocates it to communities members in line with indigenous law. With the adulteration of African culture and the introduction of legislation to enforce patriarchy in South Africa by colonists, as an example, by the use of the Black Administration Act of 1927, the system currently used to allocate land in traditional communities is gender based and discriminates against women and this creates tension between the currently used custom of allocating land and the Bill of Rights. The mini-dissertation proposes that that tension between African culture and the Bill of Rights could possibly be mediated using the African philosophy of Ubuntu / Mini Dissertation (LLM)--University of Pretoria, 2019. / Public Law / LLM / Unrestricted

The Constitution is a collection of poems weighing loss, home, family, love; asserting, and refracting those assertions, in a dance around a center of a belief. It focuses on the microtonal and minimal approach to exacerbate the anxiety of the voice. It was written from 2008-2013, mostly at UMass Amherst, under the tutelage of Peter Gizzi, Dara Wier, and James Tate with help from Mark Leidner, Ben Estes, Ben Kopel, Emily Hunt, Francesca Chabrier and many others.

In this study I propose to examine the usage of the pardoning power of the president as it relates to four aspects: the Nixon pardon, political advancement, defense of the person and his party, and independent private gain through the issuance of pardons. These aspects are all a part of the modern day usage of Article II Section 2 of the Constitution. The study relies primarily on statements made from the presidents involved, as well as statements made by judicial persons involved in the pardoning process. The study is also drawn from direct investigations, both private and governmental. A good number of secondary sources were used also to establish the historical setting and round out the story where inconsistencies developed. The study concludes that presidents since Gerald Ford have used his pardon of Richard Nixon as a precedent to allow them a political alibi for questionable endeavors.

Comparative study on constitutional bans on war in Japan, Italy and Germany