Public actors associated with the tradition of American antislavery constitutionalism in the nineteenth-century insisted that the Constitution of 1787 contained certain inbuilt purposes or animating principles, which ought to have aided constitutional interpreters in construing specific provisions of the constitutional text that related, directly or indirectly, to the law and politics of slavery in the United States. The Constitution of 1787 recognized the existence of slavery in the several states, yet antislavery constitutionalists interpreted even the slavery-related clauses as aspiring toward a certain liberal constitutional vision that was not yet a reality. In this dissertation, I argue, first, that these nineteenth-century interpretations of the Constitution in antislavery terms were intricately bound up with theories of natural law, and, second, I suggest that this aspect of the antislavery constitutional tradition offers a strong interpretive challenge (both descriptive and normative) to various aspects of the current scholarly literature on constitutional development and constitutional theory. / text

Constitutional development in England - from the outset to the 17th century The purpose of my thesis is to analyse the constitutional development in England from the fifth century to the beginning of the seventeenth century and it attempts to give a comprehensible and thorough summary of this period. The thesis is composed of ten chapters and its subchapters. The first chapter deals with the anglo-saxon period, which started in the fifth century with the arrival of german tribes to England and it is divided into three subchapters. The first subchapter analyzes not only the general historical development, but also some of the earliest laws of anglo- saxon kings. Second subchapter is concerned with the composition of the main authorities of anglo-saxon state, power of its rulers, officers of the king's court and with the role of the Christian Church, which was very important. The last subchapter focuses on the reign of Edward the Confessor and the enclosure of anglo-saxon period. Next chapter is concerned with the Norman period and it is composed of seven subchapters. These subchapters deal with the laws of William the Conqueror and the Domesday Book, feudalism in England, power of the king, chief officers of the state, organization of authorities of the kingdom, of the courts of law and...

German constitutional development in the 19th century The purpose of my thesis is to analyse the development of the constitutional arrangements and the constitutional institutions of German states and describe the constitutional foundations of the German unification in the 19th century. The thesis is composed of seven chapters. The first chapter consists of two subchapters and describes the constitutional character of the Holy Roman Empire of German Nation at the end of the 18th century and the constitutional nature of its territories. The second chapter is subdivided into five subchapters analysing the development that followed the outbreak of the French revolution, the consequences of the Final Recess of the Imperial Deputation, the downfall of the Holy Roman Empire of German Nation, the Confederation of the Rhine and the constitutionally significant reforms in Prussia at the beginning of the 19th century. Chapter three consists of two large parts. Part one analyses the constitution and institutions of the German Confederation and the way it influenced the constitutions of its member states. One subpart is also concerned with the repressive laws the German Confederation enacted in order to supress the German national and liberal movement. Second part of chapter three is concerned with some liberal...

The development of political modernity in Europe entailed a process whereby formerly important political forms increasingly lost significance and were transformed in a long process that led to the separation of individuals from political power, in the distinctive shape of modern (depoliticised) civil society and the state. The thought of G.W.F Hegel (1770–1831), which has fundamentally shaped the modern understanding of these developments, came to its maturity at the most advanced stage of this process, while the French Revolution was transforming the continental world. He thought through this process from a very early stage in his development (1800–4), and thereby formed the essentials of his political theory. But on the cusp of this modernity Hegel seemed to affirm what has appeared to many as the old powers that had disappeared in the formation of the modern state – the Stände. For many he thereby turned his political thought into an apparent anachronism. This dissertation, however, will argue that Hegel’s thought remains fundamentally modern and not at all anachronistic in its affirmation of the Stände. On the contrary, it is only through an examination of the concept of the Stände in Hegel’s thought, that one can fully understand the essentially institutional focus of his politics. This dissertation will argue for the significance of the concept of the Stände through historically situating Hegel’s thought and its engagement with the modern tradition. It will do so through a methodological examination of the concept in Hegel’s early period (1800–4) where the institutional character of his politics is first shaped and formed, in the perspective of insights from his mature political philosophy (1820/21). In so doing it will show how the concept of the Stände and the institutionalism it implies form Hegel’s unique response to the development of modern civil society.

Resume Status of the emperor according to the Austrian constitutions The purpose of this thesis is to analyze the position which belonged to the head of the Habsburg Monarchy according to the Austrian Constitutions from the second half of the 19th century. The revolutionary years 1848-1849 caused changes in the constitutional system of the monarchy. These changes were also reflected at the level of head of state. The emperor was no longer to be sole representative of state power, but he had to participate in it together with the parliament and the government. When examining these changes, it is necessary to differentiate the formal position of Emperor, which belonged to him under the Constitutions and his factual position. Realistically, the emperor maintained until the collapse of the monarchy considerable influence on the exercise of state power. The work explores the following constitutions: Pillersdorf (April) constitution of 1848, Kremsier constitution of 1849, Stadion (March) constitution of 1849, Schmerling (February) constitution of 1861 and Beust (December) constitution of 1867. The work is divided into six chapters. The first chapter describes constitutional and political development of the Habsburg monarchy since revolution in 1848 until the release of the December constitution in 1867 and it...

Constitutional Development in American Colonies (Summary) This thesis pertains to constitutional development in North American Colonies in the respective historical context. The thesis is structured chronologically, commencing with the early attempts of British colonization in the 16th century, and follows through the 17th century to the adoption of the Constitution of the United States of America in 1789. Moreover, the thesis also reflects the geographical aspect, focusing first at New England Colonies, then at Mid Atlantic colonies, and finally at Southern Colonies, proceeding in the usual way from the North to the South. The beginning of the thesis (the second chapter) indicates the English colonization attempts in the 16th century and the Royal Patents issued by the King, which authorized their holders to take over and colonize new territories.The third chapter deals with the beginnings of New England Colonies and the continuous development of their central administration bodies, pointing at the content of selected significant constitutional documents of this period. In the fourth chapter, the thesis focuses at the constitutional development of New England Colonies in the second half of the 17th century, which was completed by the creation of unified administration of all colonies in this area in the...

Thesis submitted in fulfilment of the requirements for the degree Master of Technology: Public Management In the Faculty of Business at the Cape Peninsula University of Technology 2013 / Over the past few decades the study of intercultural communication has expanded to cover a diverse set of variables deriving from the concepts "communication" and "culture" and the combination of communication and culture. As is the case for the communication discipline itself, the study of intercultural communication is influenced by traditional disciplines such as anthropology, linguistics, philosophy, psychology and sociology (Chen & Starosta, 2005:13). The development of a global mindset has become pivotal for further human progress. This mindset can only result from intercommunication among diverse people (Chen & Starosta, 2005:4). Intercultural communication is essential to any organization or department as it is a process of sending and receiving messages between people whose cultural backgrounds could lead them to interpret verbal and non-verbal signs differently. The purpose of this study was to devise a communication strategy which will address intercultural communication, specifically designed to assist managers dealing with intercultural differences. The core objective of this study was to establish whether the existing Communication Policy of the Department of Justice and Constitutional Development (DOJ&CD) adequately addresses intercultural communication in the work place and to verify the level of understanding of culture amongst employees of the DOJ&CD Western Cape Regional Office (WC RO) in order to determine whether a lack of cultural knowledge contributes to miscommunication in the department. In order to reach its objectives, the study employed a quantitative research approach whereby a non-probability sampling design in the form of a convenience sampling method was adopted and considered appropriate for this study, with specific reference to the DOJ&CD (WC RO). In terms of collecting the data, the study made use of structured questionnaires as a data collection method whereby questionnaires were administered and distributed to 85 employees of whom 70 participated. The results of the study reveal that cultural differences lead to misunderstandings, while lack of cultural knowledge is a major contributing factor of miscommunication within the DOJ&CD (WC RO). It is recommended that employees acquire knowledge about other cultures which will improve their understanding and reduce the chances of miscommunication in a multi-cultural environment to enhance intercultural communication and provide a harmonious working environment amongst employees of the DOJ&CD (WC RO) and the Public Service as a whole.

This thesis is an inquiry into the challenges to the role of civic organisations in political reform during and after political transitions. The major question this research addresses is: How do institutions and institutional dynamics constrain political reform during a transition? The thesis examines how demands for reform by non-governmental organisations in Lebanon and Libya were not translated into concrete political decisions taken by regimes during a transition period. The thesis suggests that the combination of weak states and power-sharing agreements marginalizes civic organisations, and poses institutional constraints on the likelihood of reform. The thesis is based on contemporary research on events and reform trajectories in Lebanon and Libya, with a focus on the demands and strategies employed by activists during periods of transition. Lebanon between 2005 and 2010 and Libya between 2011 and 2013 underwent critical political events but subsequently did not adopt political reforms despite demands by civic organisations in two main areas: the electoral system in Lebanon and the constitutional process in Libya. A study of these two reform campaigns reveals deeply entrenched historical patterns and elements of continuity that led to path dependent outcomes during transition. By utilising theory and concepts from the perspective of historical institutionalism, the thesis identifies the factors behind path dependent outcomes in Lebanon and Libya. I argue that the transitions in Lebanon and Libya were a result of only ‘partially' critical junctures. The thesis builds on the approach of path dependence by offering insights as to how historically inherited institutional dynamics from the previous regime can cause junctures to be only ‘partially' critical for the broader political order. The main source of data comes from participant observations, interviews and focus groups with two organisations that tried to advance electoral reform and constitutional development.

This thesis deals with changes in the presidential office in Ireland during the presidency of Mary Robinson between 1990-1997. The presidential office holds very few powers and it has been always perceived more as ceremonial and symbolic function. Robinson had been very active during her reign since the beginning, thus breaking the precedence given by former presidents. The goal of this thesis is to define both, particular tools and mechanisms which Robinson had used to transform the nature of the office. Moreover, the thesis aims to examine whether Robinson stayed within the constitutional boundaries. My hypothesis states, that main tools which Robinson used to transform the presidency, are the different forms of activism. The first part the research focuses on the analysis of the constitutional development of presidential office as well as the powers of president listed in the constitution. Further, in the thesis, I focused on Robinson's activity not only during her presidency but also on the prior period as the presidential campaign or Robinson's professional career. This is important to define particular tools and mechanisms which Robinson used to change the presidency. The main findings of my thesis reveal the tools which Robinson used to transform the office - activism and symbolism. Both of...

The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property is comprehensively discussed. The Constitutional Court decision in Harksen v Lane determined the test for unconstitutionality. The test for unconstitutionality is discussed with specific reference to the Bill of Rights. The Constitutional Court's decision in Volks v Robinson is critically evaluated as the Court propounded the so-called "choice argument" in terms of which people purposefully decide to marry instead of cohabiting and therefore the law may accord certain benefits to married people which are not available to unmarried life partners. The Constitutional Court decisions in Van der Merwe v RAF as well as its consequences are discussed. It concluded that section 18(b) of the Matrimonial Property Act constituted unjustifiable discrimination between spouses married in community of property and those married out of community of property and the said section was therefore declared unconstitutional. The law of insolvency in respect of the joint estate of spouses married in community of property is investigated. Freedom of testation and case law relating thereto is considered briefly. The study concludes with the submission that the common law provision that separate assets of a spouse in a marriage in community of property form part of the joint insolvent estate even if a testator expressly determined in his will that a bequest will not form part of the joint estate of a beneficiary, amounts to unfair discrimination and is unconstitutional. t is submitted that the principle unfairly discriminates between spouses married in community of property and those married out of community of property on the ground of marital status. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015