1,720,957 research outputs found
The human rights jurisdiction of the SADC tribunal and the East African Court of Justice : legal and political implications.
Get PDFMaster of Laws in International and African Regional Law. University of KwaZulu-Natal, Howard College 2016.Sub-regional Economic Communities have increasingly become important in the promotion, protection, and human rights in Africa. Sub-regional human rights courts potentially bring international justice closer to victims in their respective regions. However, there is a debate surrounding the acquisition of human rights jurisdiction by the SADC Tribunal and the East African Court of Justice through broad purposive interpretation of their respective treaties. Many scholars however agree that the judges correctly afforded human rights jurisdiction to both Courts. They argue that human rights jurisdiction is an incident of the principles rule of law, democracy and good governance, which find meaning within the ambit of both treaties. The cases of Mike Campbell v The Republic of Zimbabwe, in the SADC Tribunal, and Katabazi v The Secretary General of the EAC, in the EACJ resulted in the conferment of human rights jurisdiction on both Courts. Even though these cases were fundamentally similar, they received varying responses from their respective Sub-regional Economic Communities. This work critically analyses the human rights jurisdiction of these Courts and unpacks these different reactions. The SADC Tribunal is currently suspended and a New Protocol to establish a new Tribunal without human rights jurisdiction was adopted. By using Roux’s theory of ‘tactical adjudication’, it aims to show how the negative reaction to the SADC Tribunal’s judgment might have been avoided or mitigated, thereby maintaining its institutional security
Constitutional reform in Africa: positioning the new constitutional court of Zimbabwe in the transformation of civil and political rights.
Get PDFDoctoral Degree. University of KwaZulu-Natal, Durban.This thesis investigated the prospects of the transformation of civil and political rights through
the courts in Zimbabwe. The arguments made were based on the concepts of transformative
adjudication and transformative constitutionalism as contemplated by Karl Klare. The adoption
of a new Constitution in 2013 and the subsequent establishment of the Constitutional Court as
the highest court in Zimbabwe made this study necessary. It is argued that the Constitution
adopted in 2013 is transformative and the courts must ensure that the hopes and aspirations of
the people embodied in the Constitution are realised. This argument is based on the
understanding that there is a lack of political will to drive transformation through political or
other legislative processes. Zimbabwe’s constitutional history was explored to make a case for
transformation. Therefore, the views of scholars on constitutional transformation and
transformative adjudication were considered. It was observed that court-led transformation
would be an ambitious project given the volatile political situation in Zimbabwe where the
denial of civil and political rights is used as a tool for silencing opposition and maintaining
power by the political elite. It may be ambitious, but not impossible, for the Zimbabwean
judges to take the lead on the transformation of civil and political rights. Lessons were drawn
from the discussions of the South African Constitutional Court, and the Kenyan Supreme Court
to carve a path for judiciary-led transformation. The study recommended a change of attitude
and interpretative methods by Zimbabwean judges. The thesis also recommended that whilst
engaging in judiciary-led transformation, judges should consider other adjudication methods
to avoid conflict with the political arms in Zimbabwe
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
MUTILATION OF THE INDEPENDENCE OF THE JUDICIARY: THREATS, INTIMIDATION AND CONSTITUTIONAL AMENDMENTS IN ZIMBABWE
No full textZimbabwe adopted a new Constitution in 2013. It was widely believed that the new Constitution would deepen democracy and constitutionalism. Central to this was the establishment of an independent judiciary. Barely 10 years after the adoption of the Constitution, judicial independence has deteriorated. This has been the result of intimidation against the judiciary, and constitutional changes aimed at weakening the judiciary. This article is intended to show that there exists a long-term project to bring the judiciary under the control of the political arms in Zimbabwe. With a weakened judiciary, Zimbabwe loses the chance to entrench constitutionalism, democracy and the rule of law. The article first highlights the imperative of judicial independence, then examines how the judiciary has suffered from threats at the hands of politicians, and finally assesses the impact of two recent constitutional amendments on the independence of the judiciary. It is shown that the independence of the judiciary has been systematically mutilated, and that hopes for effective judicial review cardinal to constitutionalism have waned
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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