415 publication(s) trouvée(s)
Article scientifique
Moseneke v The Master 2001 2 SA18 (CC): Racial Discrimination Laws and the Interests of Justice
In 2002 the faculty of law of the Potchefstroom University for Christian Higher Education in collaboration with the Konrad-Adenauer-Stifttung embarked …
Article scientifique
The changing rules of jus ad bellum : conflicts in Kosovo, Iraq and Afghanistan
This article focuses on three instances of the use of armed force in international relations. The three instances that are …
Article scientifique
Muslim personal law and the meaning of "law" in the South African and Indian constitutions
The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section …
Article scientifique
The interaction between religious freedom, equality and human dignity
In balancing religious freedom with the right to equality and human dignity of persons affected by discriminatory measures, the provisions …
Article scientifique
Learned Staatsrecht from the Heartland of the Rechtsstaat Observations on the Significance of South African-German Interaction in Constitutional Scholarship ?
During (especially the latter half of) the previous century it was impressed on several generations of law students (mainly but …
Article scientifique
Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law
In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by …
Article scientifique
Developmental and environmental responsibilities of the "Rechtsstaat"
The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the …
Article scientifique
Administrative Bias in South Africa
This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased …
Article scientifique
Stop the Press: Why Censorship Has Made Headline News (AGAIN)
The recent publication of proposed amendments to the Films and Publications Act 65 of 1996 drew some sharp criticism from …
Article scientifique
Mthembu v Letsela: The non-decision
The debate concerning the apparent conflict between equality (section 9 of the Constitution of the Republic of South Africa 108 …
Article scientifique
Politics, socio-economic issues and culture in constitutional adjudication
In dealing with the influence of political considerations on the Constitutional Court's interpretation and application of the Bill of Rights …
Article scientifique
Gesinspolitiek en die ouer-kind verhouding
The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit …
Article scientifique
Risk Management And Liability For EnvironmentalL Harm Caused By GMOS – The South African Regulatory Framework
Biotechnology is still relatively new and as with any new technology, it carries some level of risk. This necessitates appropriate …
Article scientifique
The Emerging International Constitutional order: The Implications of Hierarchy in International Law for the Coherence and Legitimacy of International Decision-Making
The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates …
Article scientifique
Legal Research in a Changing Information Environment
Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for …
Article scientifique
Legislative and other measures taken by government to realise the right of children to shelter
The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is …
Article scientifique
The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures
Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will …
Article scientifique
A return to the manifest justice principle: a critical examination of the "reasonable suspicion/apprehension of bias" and "real possibility of bias" tests for judicial bias in South Africa and England
The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no …
Article scientifique
Die beperkings van regstellende gelykheid
This is a compact review and analysis of the state of equality law in South Africa . Specific reference is …
Article scientifique
Deference and Diffèrance: Judicial Review and the Perfect Gift
The highest courts in both Canada and South Africa have expressed themselves in favour of an approach of deference as …