405 publication(s) trouvée(s)
Article scientifique
Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?
This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be …
Article scientifique
The Consequences of the Statutory Regulation of Customary Law: An Examination of the South African Customary Law of Succession and Marriage
In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification …
Article scientifique
Legal Interpretation after Endumeni: Clarification, Contestation, Application
This special edition consists of a selection of contributions delivered during a conference "Towards an integrated approach to the interpretation …
Article scientifique
The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in …
Article scientifique
Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations
The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and …
Article scientifique
Harmonising Legal Values and uBuntu: The Quest for Social Justice in the South African Common Law of Contract
In this article, a comparison is drawn between the role of good faith in the development of the Roman law …
Article scientifique
Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005
In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and …
Article scientifique
The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime
In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is …
Article scientifique
The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?
In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, …
Article scientifique
Are Close of Pleadings now Irrelevant? An Evaluation of the Impact the Nkala Judgment has on Litis Contestatio
The position regulating close of pleadings in South African law of civil procedure has for a long time been unchallenged. …
Article scientifique
Standing on Unsteady Ground: AREVA NP Incorporated in France v Eskom SOC LTD
Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a …
Article scientifique
Comparative Constitutional Theory
This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory edited by Gary …
Article scientifique
Re-Categorising Public Procurement in South Africa: Construction Works as a Special Case
Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. …
Article scientifique
Sexual Harassment: Why do Victims so often Resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)
This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the …
Article scientifique
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)
This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent …
Article scientifique
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to …
Article scientifique
Comparative Constitutional Studies – Between Magic and Deceit
This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward …
Article scientifique
Preserving the Integrity of Medical-Related Information – How "Informed" is Consent?
Health care services are recognised as a right. These services are available to "everyone" who needs them. This availability ensures …
Article scientifique
The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law
This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of …
Article scientifique
Publish or Perish. Perceived Benefits versus Unintended Consequences
This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by …
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