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Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait
Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait
Doctoral Dissertations
My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a …
A Comparison Of The American Model And French (-Inspired) Appellate Model, Frederic Blockx
A Comparison Of The American Model And French (-Inspired) Appellate Model, Frederic Blockx
Duke Law Master of Judicial Studies Theses
Both the American and the French legal system have a three-tiered structure. However, the respective roles and functions of the courts on each step of the ladder is vastly different in both. Whereas the general system in the U.S. is to have one trial court and two ‘higher’ courts (a court of appeals and a supreme court), the French / European continental system consists of two ‘factual’ courts (the basic level and the court of appeals), and one ‘legal’ (the supreme court) with limited or even inexistent possibilities to look at the facts.
The purpose of this thesis is to …