|04252014||Faculty of Law||Department: Public Law|
|Minimum duration of study: 2 jaar||Totale krediete: 200||NQF level: 09|
Closing date for applications: SA applicants – 30 September; non-SA applicants – 31 August.
Also refer to the Postgraduate Brochure for the complete study programme as well as the Postgraduate administrative processes after registration.
The curriculum will generally consist of:
In the event of having failed all modules during a particular year of study, a student will only be allowed to continue with his/her studies with the consent of the Postgraduate Committee.
Although no supplementary examination will be granted with regard to LLM and MPhil modules, the General Regulations and rules apply with regard to special and ancillary examinations.
The relevant head of department must recommend a supervisor and title for a mini-dissertation and these must be approved by the Postgraduate Committee. The mini-dissertation must be assessed and finalised as set out in the Faculty Board-approved LLM/MPhil Policy Document of the Faculty.
Mini-dissertations, where required, must be submitted in the format determined by the supervisor and approved by the Postgraduate Committee. The supervisor may likewise, subject to the approval of the Postgraduate Committee, also determine the research topic and the scope of the proposed research. (Refer to the Faculty of Law regulations regarding mini-dissertations and also Postgraduate administrative processes brochure for the Faculty)
For the degree to be awarded with distinction a student must obtain an average of at least 75% for all the coursework modules, as well as a minimum of 75% for the mini-dissertation. The modules must have been written for the first time.
Period of registration
The duration of the programme will in general be four semesters (2 years) but may be completed within two semesters (1 year) where possible, subject to fulfilment of all the requirements for the degree and payment of the full amount prescribed for the LLM degree. Programmes may also be structured to allow for one year of study only. The one- or two-year period may only be extended by the Postgraduate Committee on recommendation of the relevant head of department based on good reason shown and if it is clear that the student will be able to complete the programme in a further year of study.
Limiting of modules on offer in a particular academic year and availability to foreign students
The Dean determines which modules will be presented each year, taking into consideration the availability of lecturing personnel, space and financial implications and/or other circumstances. The Dean may, on recommendation of the relevant head of department, determine the maximum number of registrations for a specific elective module in terms of the prescribed guidelines. The Dean may also, on recommendation of the relevant head of department, determine that a particular LLM module will not be offered where on the first day of lectures four or fewer students are registered for such module.
Re-registration for modules
A student may not register more than twice for the same module. In order to pass a module the student must obtain a final mark of 50%.
Minimum krediete: 95
An advanced study of a selection of topics in the administrative law
(a) Revisiting the concept of constitutional supremacy and its interaction with popular sovereignity
(b) Constitutional dynamics – (tacit) constitutional change in ways not constitutionally authorised
(c) A critical reassessment of separation of powers, judicial independence and impartiality and the impact of judicial review in the contemporary state
(d) Consideration of legality and constitutionality in view of relevant South African case law
(e) The foundation of the state, effectiveness and legitimacy particularly in the face of rampant violent crime
(f) Co-operative government in South African constitutional practice
(g) Constitutional values with specific reference to democracy in the South African constitution
(h) The legal claims of communities in contemporary constitutional law
(i) New trends in South African constitutional jurisprudence and the local and international scholarly discourse
An analysis of the theory and practice of constitutional socio-economic rights in South Africa, with a specific focus on litigation and legal activism in this respect.
Minimum krediete: 100
Development and presentation of a research proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study before the student will be allowed to register for the mini-dissertation.)
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