This thesis is a comparative examination of prisoners' rights in England and Germany. The thesis has three dimensions: first, it is a description of the legal status of the prisoner in Germany and England; second, it is an examination of the social, political and cultural dynamics which have shaped prisoners' rights in each jurisdiction; and third, it is in itself an exercise which seeks to address the problems of comparative law which are identified in the introduction. England and Germany have been chosen as comparators as their respective approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a prisoners' rights jurisprudence, prisoners' rights protection remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion, and the present Government, much like its predecessors, is unlikely to entrench a bill of prisoners' rights. Proponents of prison reform in England argue that the system of prisoners' rights protection is inadequate, not only in terms of the rights which prisoners can claim, but in terms of the possibilities of enforcement and the independence of enforcement bodies. This equivocal commitment to rights in England is heightened when juxtaposed against Germany's highly articulated rights culture and ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act, which is underpinned by a considerable constitutional jurisprudence on prisoners' rights, sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights and provides prisoners recourse to a Prison Court. Moreover, the rights and principles under the German Prison Act have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years. Chapters one to three of the thesis make available to an English audience an in-depth account of the conception and protection of prisoners' rights in Germany and the broader context in which this has taken place. Chapters four and five of the thesis examine the method and manner of conceiving of the prisoner's legal status in England in the light of the German conception and explore the deeper political and cultural reasons for the divergence between England and Germany.

Dr. A.C. Huysamen

Magister Legum - LLM / No abstract available. / South Africa

“No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.

This thesis seeks to develop background knowledge about actors in the Province of British Columbia. The British Columbia Labour Relations Act defines actors as employees. The federal Status of the Artist Act recognizes them as self-employed. How did this conflict arise, and how does it affect the role of actors in Canadian cultural life? The status of actors individually and severally under the Vagrancy Acts of England from 1572 is analyzed. The censure of. artists by a U.S. Congressional Committee in the twentieth century is reviewed. The international model of cultural self- determination and freedom of individual conscience as promulgated by the Universal Declaration of Human Rights and UNESCO Charter is outlined. The arms-length model suggested in the 1951 Massey Report; and the 1957 Canada Council. Act is examined. The erosion of the arms-length principle in Canadian cultural affairs is linked to the politicizing of the arts in Canada: art production coupled with social policy and political initiatives in the 1970's; the cultural industries identified as a source of economic benefits in the 1980's; and regional industrial strategy initiatives presented as cultural policy in the 1990's. In conclusion, an assessment of current trends in cultural policy affecting actors' status, rights, professional development, and artistic freedom in British Columbia is followed by a draft Status of the Artist Act, policy recommendations in culture, and a proposal for an Actors' Development Company. / Arts, Faculty of / Theatre and Film, Department of / Graduate

L’article 552 du Code civil prévoit que la propriété du sol emporte la propriété du dessus et du dessous. Cette disposition consacre l’existence du sous-sol sur la scène juridique et lie le sort du sous-sol à celui du sol. Le législateur a souhaité accorder un droit qui se déploie dans l’espace. Se dessine alors un lien, sinon de soumission, du moins de dépendance du sous-sol envers le sol. Le débat se noue autour de l’intensité du lien existant entre le sol et le sous-sol. La recherche du régime juridique applicable au sous-sol impose nécessairement de raisonner sur la force d’attraction que revêt le sol. Doté d’un pouvoir absorbant, ce dernier semble pouvoir déterminer le régime juridique applicable au sous-sol en préservant ainsi l’unité de l’immeuble. Toutefois, leur apparente dépendance doit être nuancée et la vision unitaire s’estompe face aux spécificités du sous-sol. En effet, la compréhension du régime juridique applicable au sous-sol nécessite la prise en compte d’autres éléments permettant de révéler toute la particularité du sous-sol. Il recèle de nombreuses richesses susceptibles d’entraîner une modification de l’objet de la propriété immobilière. Les exemples de dissociation de la propriété immobilière, organisés par la loi ou la volonté, sont pléthoriques et entrainent un relâchement des liens de dépendance. La présence de mines ou de vestiges archéologiques en sont un témoignage éloquent, la propriété du sous-sol étant alors soustraite à la puissance du propriétaire du sol. Cette étude, oscillant entre dépendance et autonomie, s’attachera à démontrer les particularités du sous-sol qui ne saurait, en définitive, se définir par sa seule relation avec le sol / Article 552 of the Civil Code provides that the property of the soil embraces the property of what is above and underneath it. This provision consecrates the existence of the subsoil on the legal scene and links the fate of the subsoil to the one of the soil. The legislator wished to grant a right which is deployed in space. This creates a connection at least a dependence of the subsoil towards the soil, if not even a submission. The debate is based on the intensity of the link between the soil and the subsoil. The search for the legal regime applicable to the subsoil necessarily requires to think about the force of attraction that the soil has. Possessing an absorbing power, the latter seems to be able to determine the legal regime applicable to the subsoil, thus preserving the unity of the real estate. However, their apparent dependence should be nuanced and the unitary perception fades because of the subsoil’s specificities. Indeed, the understanding of the legal regime applicable to the subsoil requires to consider other elements revealing the particularities of the subsoil. It contains many wealth which could lead to a modification of the object of the real estate property. Examples of the dissociation of real estate property, organized by law or will, are profuse and lead to a weakening of dependency links. The presence of mines or archaeological remains is an eloquent illustration since the property of the subsoil is then subtracted from the power of the owner of the soil. This study which oscillates between dependence and autonomy, will endeavor to demonstrate the particularities of the subsoil which cannot be defined only by its relation to the soil

No description available.

No description available.

The business judgment rule is used by American courts to establish whether a director has fulfilled his duty of care. It is based on the concept that the directors are legally empowered to manage a corporation's affairs, and the courts accordingly do not interfere with the exercise of those powers unless a board's action is tainted by fraud or self-interest. The courts will not review a business decision where, acting in good faith, the board has truly applied itself to making an informed decision. In certain circumstances, where self-interest on the part of directors is more likely to be a factor, a stricter test is applied. The business judgment rule is implicit in the judgments of English and South African courts and the King Committee has recommended its formal recognition in South Africa. The need for such formal recognition and stricter interpretation of the duty of care and skill discussed. / Private Law / LL.M.

by Alice Wan Shuk-Han. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1987. / Bibliography: leaves 51-52.