Thesis (M.Phil.)--University of Hong Kong, 2001. / Includes bibliographical references (leaves 157-166) Also available in print.

Thesis (Ph. D.)--Johns Hopkins University, 1913. / Vita. Published also as Johns Hopkins university studies in historical and political science, ser. XXXVII, no. 4. Includes bibliographical references.

Inaug.-diss.--Heidelberg. / Curriculum vitae.

Thesis (Ph. D.)--Johns Hopkins University, 1933. / Vita. Published also as Johns Hopkins University studies in historical and political science, ser. LIII, no. 1. Description based on print version record. Bibliography: p. 171-177.

Thesis (Ph. D.)--Columbia university, 1926. / Vita. Published also without thesis note. Bibliography: p. [325]-340.

Constitutional Development of the Francoist Spain Summary in English The aim of the thesis is to describe political regime, legal order and especially the constitutional laws applicable in Spain during the governance of Francisco Franco Bahamonde between the years 1936 and 1975. Franco took part in the military uprising against the Second Spanish Republic and soon became the leader of the nationalist troops. As the head of state he constructed a "New State" inspired by the fascist, falangist and traditionalistic ideas. Under the influence of international circumstances after the Second World War he was forced to change his allies - Mussolini's Italy and Hitler's Germany was replaced by the United States - but his autocratic regime did not change a lot. It was still him who disposed of the unlimited power and whose status was unchangable. The free competition of the political parties was disabled as the only legal party was Francoist FET y de las JONS (later known as National Movement). During his reign Franco adopted seven constitutional laws which confirmed human rights and ideological principles of the regime and organized the state administration and public authorities. First of these laws was Labour Charter, adopted in 1938, followed by Law on the Cortes in 1942, Charter of the Spaniards in 1945, Law on...

LL.M. / This study seeks to investigate the extent to which the state fails to comply with its constitutional and legal duties, and the impact of this failure on democracy. The study determines the effect of such failure and assesses the effectiveness of existing compliance mechanisms in ensuring the state fulfills its constitutional and legal duties. The duties imposed on the state must be complied with to ensure the legitimacy of the Constitution remains intact. State compliance with these duties forms an essential foundation of the Constitution. It is accepted in this study that the manner in and extent to which the state fails to comply with its duties impacts the status of the Constitution and the development of democracy in South Africa. There are two ways in which the state may fail to comply with its duties: 1. The first instance is where the state bona fide misinterprets legislation. 2. The second instance is where the state negligently ignores its duties or wilfully disregards its duties or takes on “imagined powers”. This study concerns itself with this second instance of non-compliance. The question not only concerns the extent of state non-compliance with its duties. The question also becomes, what are the ramifications if the state does not comply with its duties? What would be the consequences if the state wilfully, with mala fide intent or by the use of “imagined powers” neglects or ignores its duties? What would be the effect on the development and sustainability of democracy in South Africa? What are the existing compliance mechanisms and are they effective enough to ensure state compliance with its duties? The study endeavours to explore these questions. The study looks at a series of court cases illustrating the extent to which the state has so far failed to act in compliance with its duties. The study attempts to determine whether such non-compliance was merely a mistake or whether the state acted with some form of wilfulness or neglect. The study looks at the existing mechanisms and watchdogs that ensure state compliance with the Constitution and briefly examines whether they are effective. Other possible mechanisms that may strengthen control over state compliance are also considered. The study first looks at the duties of the state and the existing control mechanisms. Then a selection of cases are analysed to determine in what manner and to what extent the state is failing to comply with its constitutional duties. The study then assesses the current control mechanisms to determine whether they are effective in enforcing state compliance with its duties. Lastly, the study examines other possibilities and alternative mechanisms that may be introduced to secure state compliance.

Magister Legum - LLM / This study explored the process of constitutional interpretation and constitutional review in Ethiopia and determined the role of the courts. It examined the different suggestions made by different authors and officials regarding the respective role and function of the courts and the House of Federation in interpreting the constitution and exercising the power of constitutional review. It also seeked to inquire the counter-majoritarian problem which focused on the relationship between judicial review and democracy. The thesis also inquired into the legitimacy of the Ethiopian approach to constitutional review. In this regard it seeked to determine whether the approach represents and adequate response to the counter-majoritarian problem. It also seeked to determine whether Ethiopia has adopted an institution that is well suited, competent and impartial to discharge the task of constitutional interpretation and constitutional review. / South Africa

This dissertation argues that applying a flexible delay rule to self-reviews of administrative acts under the principle of legality facilitates enhanced state accountability and contributes to upholding the rule of law. This flexibility is particularly important amidst allegations of widespread corruption and maladministration in South Africa that necessitate strong accountability mechanisms. Public functionaries are granted express power to participate in commercial transactions in the public interest. When this power is exercised unlawfully, the state has an opportunity to remedy its unlawful administrative acts through the court process of judicial review. The delay rule requires judicial reviews to be instituted without unreasonable delay. Courts must pronounce on the issue of delay prior to considering the unlawfulness of a public act. After defining the delay rule in the context of self-reviews, this study compares the delay rule set out in the Promotion of Administrative Justice Act (PAJA) with the delay rule under the principle of legality. Through case law, this research establishes that the PAJA delay rule is applied rigidly by courts. This rigidity has led to courts dismissing self-reviews after finding that a public functionary's review application was instituted unreasonably late and the delay could not be overlooked in terms of PAJA. The dismissal has meant that the impugned public act was neither declared unlawful nor set aside, undermining accountability and the rule of law. This study finds that the application of a less strict delay rule under legality in self-reviews enables courts to declare public acts in contravention with the Constitution unlawful notwithstanding an unreasonable delay in pursuit of accountability and the rule of law. / Mini dissertation (LLM (Constitutional and Administrative law))--University of Pretoria, 2021. / Public Law / LLM (Constitutional and Administrative law) / Unrestricted

This dissertation explores conceptual, normative, and institutional dimensions of the emergency problematic and defends judicial participation in emergency governance. I develop my arguments on the basis of Posner and Vermeule’s discussion in their book Terror in the Balance. I reject their institutional account of emergency governance captured in their deference thesis by showing its incompatibility with fundamental liberal democratic commitments. As I argue, Posner and Vermeule’s call for across-the-board judicial deference to the executive during emergencies is unwarranted in a number of cases, most notably those involving conflicts of constitutional rights. I also reject Posner and Vermeule’s account of emergency policymaking captured in their tradeoff thesis by showing that it does not provide a suitable criterion by means of which the legitimacy of emergency policies could be determined. My arguments against the tradeoff and deference theses are based in part on my critique of Posner and Vermeule’s conception of emergency situations. In fleshing out my conception of emergency, I present and defend a methodological approach to studying the emergency problematic and offer an extensive discussion of exceptionality associated with emergencies. My conclusion is that it is necessary to take in account liberal democratic commitments in the process of emergency policymaking and that judicial review of the executive during periods of emergency is conducive to legitimate emergency governance. / Thesis / Doctor of Philosophy (PhD) / Some national security crises pose serious challenges to western liberal democracies. On the one hand, because such crises threaten individual lives and the welfare of the political community, there is a strong case in favor of demanding that the government do everything in its power to quash such threats by any means necessary. On the other hand, a number of constitutional commitments seem to prevent liberal democracies from using some means in addressing national security crises. In particular, emergency measures such as coercive interrogation and indefinite detention seem to undermine a number of values and commitments that are fundamental to liberal democratic regimes. In addition, there is a controversy surrounding the role of the judiciary during emergencies. Should judges review executive action to ensure its legitimacy during emergencies or should the executive be the final authority on the legitimacy of its policies? My dissertation develops answers to these questions. I begin by exploring conceptual issues surrounding emergencies. On the basis of this exploration, I provide an account of the role of fundamental liberal democratic commitments in the project of emergency governance and argue in favor of judicial participation in governing liberal democratic communities during periods of emergency.