Thesis (Ph. D.)--University of Hong Kong, 2007. / Title proper from title frame. Also available in printed format.

Thesis (Ph. D.)--Universidad de Valladolid, 1979. / Errata slip inserted. Includes documents. Includes indexes. Includes bibliographical references (p. [25]-30).

Thesis (doctoral)--Georg August-Universität zu Göttingen, 1984. / Includes bibliographical references (p. v-xiii).

Thesis (Ph. D.)--University of Texas at Austin, 2002. / Vita. Includes bibliographical references. Available also from UMI Company.

published_or_final_version / abstract / Law / Doctoral / Doctor of Philosophy

Thesis (M.A. (Human Rights))--Mahidol University, 2004.

Thesis (Ph. D.)--University of Hong Kong, 2008. / Includes bibliographical references (leave 277-300)

While many scholars have ignored the cases that constitute the total litigational input to the U.S. Supreme Court, some have examined the possibility of a set policy or agenda for gatekeeping,or determination of which cases will be heard. This study is concerned with the methodological implications of gatekeeping analysis in relation to other studies and Court procedure generally, and the Burger Court from 1971 through 1973 specifically. The data consists of cases listed in the Appellate Docket Index to U.S. Law Week. The study seeks to clarify: 1) the relative strengths of origin and type of case as factors in the decision of the Court to hear a case, 2) the differences in summary and formal bearing policies, and 3) the amount of change or evolution in Court gatekeeping policy during the period. The findings indicate the presence of an active policy relative to the origin of cases in state or federal courts, while civil litigation was found to have greater access to the Court than criminal cases, linked apparently in part to the findings for civil liberties questions. Tax cases received no consistent treatment in the selection process. The conclusion indicates that the Burger Court, as of 1973, had developed no set agenda in relation to the factors studied, but does aot dismiss the possibility that if additional factors are studied over a longer period a pattern may emerge. / M.A.

Richard Feetham was Judge President of the Natal Provincial Division from 1 May 1930 to 18 July 1939. He succeeded Dove Wilson who was an able but not a very learned or dynamic Judge President. Thus, at the time of his appointment the Natal Court and its judgments were treated with little respect by the other provincial divisions. Feetham JP, unlike his predecessor, was not only a scholar with a towering intellect but a man endowed with outstanding leadership qualities. He was thus ideally suited to bring about a change for the better in the status of the Natal Court. He did this by taking a dynamic lead and presided over and delivered a high proportion of the courts' judgments. He also set his brethren an excellent example by the high standard he set for himself and his court and which they emulated. This thesis thus also covers the careers of these puisne and acting puisne judges and their contribution towards the better administration of justice in Natal. In 1930 there existed in Natal a disinct system of dual practice with a de facto Bar. This system had been a vexed question in the minds of Natal lawyers for two decades but when Feetham JP was confronted with it he immediately addressed the controversial issue and brought about the necessary reforms to divide the legal profession and bring Natal into line with the rest of South Africa. This reform raised the quality of pleading and manner in which the law was presented. It also provided the Natal Bench with able personnel for the future from within Natal. Accordingly this thesis also assesses the careers of the main legal practitioners of that period and their contribution towards the development of the administration of justice in Natal. In less than ten years Feetham JP thus transformed the Natal Provincial Division from being weak and ineffectual to a position where it became a division respected for its Bench, judgments and legal profession. During the course of time history has confirmed the overall significance of Richard Feetham's Judge Presidency. / Thesis (LL.M.)-University of Natal, Durban, 1988.

The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...