1.1. Kind of Research Methodology used?
Empirical research “is additionally referred to as quantitative research. It refers to a process in terms of which data is collected and analysed. For the sake of completeness, the term “data” is usually used in scientific research for numeric or verbal information that is collected at some point of the research process. Thus, data assist in making sure that a particular process or methodology that is quality proper to investigate the subject matter is followed.”
Qualitative research “is a form of research in which researchers make an analysis of what they see, hear and understand” . “It is aimed at collecting information about a subject matter that investigates something about human conduct that cannot be measured, such as perception, opinions, experiences, and so forth. In general, qualitative research is characterised by means of participatory research, where a researcher performs an active role in the collection, analysis, and interpretation of data.”
However, “quantitative research has to do with collecting information that can be measured and explained in statistical format, for example, the range of cases referred to the sexual offences court, or young people diverted. It is more of a structured form of research due to the fact the whole thing that forms part of the research method (objectives, design, sample and measuring instruments) is programmed” .
1.2. The reason for using such kind of research methodology.
“Generally, any form of research is important when one is searching for an answer to a legal problem. In this context, document based-research is important because of the following:
1.2.1. It provides present day solutions to the legal problem being researched.
1.2.2. It gives information about what other scholars have written on the subject.
1.2.3. It indicates whether anyone has written on the subject yet.
1.2.4 It indicates whether the concern being investigated has been absolutely explored and has for this reason turn out to be saturated.
1.2.5. It suggests whether there is a hole in the handy literature that nevertheless wants to be explored.
1.2.6. It shows whether or not there is a need to habits similarly learn about of the concern.”
1.2. The ethical issues considered in conducting the research.
1.3.1. “Does the research conform to the principle of informed consent?
Informed consent is a simple moral philosophy of scientific research on human participants. Generally, research that involves human individuals ought to constantly be carried out with the quintessential informed consent. If the research includes minors, humans underneath the age of 21 years, prior consent from parents or legal guardians should be obtained.”
1.3.2. “Does the research cause direct harm to research subjects?
One of the frequent ethical challenges is to have the capability to weigh the plausible advantages of doing research in opposition to the opportunity of damage to the people being studied (participants). However, the cardinal rule is that contributors must be blanketed from any practicable discomfort or emotional distress emanating from the research project. Thus, it is your responsibility as a researcher to inform the participants of the generic cause of the study. Furthermore, you must point out to the individuals their function in your research undertaking.”
1.3.3. “Does the research promote anonymity?
Anonymity addresses many achievable moral difficulties. Firstly, it relates to the obligation to make certain that it is not possible to discover the participants in a research project. This is usually performed by using keeping apart the identification of the individuals from their responses. Secondly, anonymity can be related with privacy and confidentiality. On the one hand, it is may additionally be indispensable to enable the participants the right to figure out on how, where and to what extent their “attitudes, beliefs and behaviour will be revealed”. On the other hand, statistics can also have names or codes connected to it, but the researcher will have to keep the names or codes secret from the public.”
1.3.4. “Does the research deal with the manipulation of information?
It is your responsibility as a researcher to make sure that the participants participate in your research voluntarily. Factors such as coercing, undue affect or deceiving the participants point out the absence of or negate voluntary participation. This capacity that members commonly have the right to agree or refuse to take part in your research. Accordingly, you have to usually recognize this right.”
1.3.5. “Does the research potentially tamper with the research field for other researchers?
It is unethical for the researcher to tamper with other researcher work especially of the same fields that he/she is also working on. It will amount to disciplinary steps to be taken.
1.4. The social justice issues that are raised in the scenario.
There was once a protest recently in the neighbourhood of Mamelodi, specifically the team named “the worried parents”. Moreover, the concerned mother and father as they had been indignant with the view in which the court docket offers with the criminal and their conviction. However, the group raised issues that relate to crimes such as the following:
1.4.1. to toddler abuse.
1.4.2. child pornography.
1.4.3. statutory rape.
About Plagiarism and examples
“The time period “plagiarism” is debated vastly in academia. What we are seeking to do right here is to show you some of the ordinary definitions of this term. The Oxford English Dictionary defines plagiarism as the “action or exercise of plagiarising; the wrongful appropriations or purloining, and ebook as one’s own, of the ideas, or expression of the ideas … of another”. Furthermore, it is (fraud that occurs when a researcher steals the thoughts or writings of another or makes use of them except citing the source).”
2.1. “It arises in conditions the place a researcher fails or omits to indicate clearly, for instance with quotation marks or indent and special font, phrases or passages taken verbatim, that is, word for word, from a posted or unpublished text, except crediting the authentic textual content and author.
2.2. It takes place in cases where a statute, case law, book, article, or digital text is paraphrased except acknowledging the supply or sources and the creator thereof.
2.3. It arises in instances where greater than a full-size section of or the entire statute, case law, book, article, or digital textual content is used.”
S v Makwanyane and Another (CCT3/94) 1995 ZACC 3,
3.1. The facts of the case.
In Kindler’s case, in which the complaint was once delivered at the same time as that in the Ng’s case, but the decision was once given earlier, it used to be held that the approach of execution which was once by using deadly injection used to be not a merciless technique of execution and that the extradition did not in the circumstances represent a breach of Canada’s responsibilities beneath.
In Soering’s case before the European Court of Human Rights, judge de Meyer, in a concurring opinion, stated that capital punishment is “not constant with the present nation of European civilization” and for that cause alone, extradition to the United States would violate the fugitive’s right to life.
Gregg v. 428 U. discusses the relevance of foreign case regulation in the context of the facts of that case. JJ. at 418 (Powell. 101 (1958). and demonstrates the use that can be made of such authorities in suitable circumstances. 356 U. supra note 6.
See S v Zuma (unreported judgment of the Constitutional Court, 5 April 1995) para 15 in which Kentridge AJ referred to the judgment of Dickson J in R v Big M Drug Mart Ltd (1985) 18 DLR (4th) 321 at 395–6 with approval.
3.2. The legal question.
It follows that disparity between the prison orders in precise parts of the country, … need to impair “as little as possible” the proper or freedom in question: R v Big M Drug Mart Ltd. at p. 352.
Since the judgment in R v Oakes. would be applicable to the query whether the death sentence impairs the proper as little as possible. the measures adopted want to be cautiously designed to achieve the goal in question. at p. are elements that would have to be taken into account in the software program of the first factor of this test.
This question is at least partly answered by the usage of part 35(1) of the charter which enjoins this court docket in deciphering the rights contained in the Constitution to ‘promote the values which underlie an open and democratic society primarily based on freedom and equality ‘.
3.3. The decision of the court.
In S v Zuma and Two Others, 6 this Court dealt with the method to be adopted in the interpretation of the fundamental rights enshrined in Chapter Three of the Constitution. It gave its approval to an method which, at the same time as paying due regard to the language that has been used, is “generous” and “purposive” and gives expression to the ..
As Kentridge AJ described in the first judgment of this courtroom (S v Zuma unreported judgment of this court, 5 April 1995), many of the rights entrenched in part 25 of the constitution concerning criminal justice are longstanding standards of our law, although eroded with the aid of statute and judicial decision. In interpreting the rights contained in
The Judgement of the Tanzanian Court of Appeal 114 There is aid for phase of the Attorney General’s argument in the judgment of the Tanzanian Court of Appeal in Mbushuu and Another v The Republic. and it additionally meets the want for retribution which is demanded via society as a response to the excessive stage of crime.
The High Court used to be emphatic that it is the asking for state’s obligation to supply an assurance in opposition to the loss of life penalty if it seeks to have human beings accused of capital offenses brought before its courts – as this is demanded through our Constitution and global regulation.
3.4. The importance of the case in relation to the notion of Ubuntu.
“In this sense, ubuntu made its debut in the jurisprudence of the Constitutional Court in S v Makwanyane. Here the word was given its first full exposition by using the courts. Mokgoro J held that:
Metaphorically, ubuntu expresses itself in umuntu ngumuntu ngabantu, describing the importance of team team spirit on survival issues so central to the survival of communities. While it envelops the key values of group solidarity, compassion, respect, human dignity, conformity to primary norms and collective unity, in its integral feel it denotes humanity and morality. Its spirit emphasises respect for human dignity, marking a shift from disagreement to conciliation.”
3.5. The link of transformative constitutionalism with this case.
“The contemporary Deputy Chief Justice has said in this regard: “the meaning of transformation in juridical terms is as quite contested as it is difficult to formulate”. It is possibly in keeping with the spirit of transformation that there is no single steady grasp of transformative constitutionalism. He recommends the following definition:
a historic bridge between the past of a deeply divided society characterised by means of strife, conflict, untold struggling and injustice, and a future situated on the cognizance of human rights, democracy, and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, faith or sex.”
“According to Langa J, this is an awesome goal for a Constitution: to heal the wounds of the previous and guide us to a higher future. For me, this is the core notion of transformative constitutionalism: that we need to change.”.”