419 publication(s) trouvée(s)
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 …
Article scientifique
Menswaardigheid na tien jaar van regstaatlikheid in Suid-Afrika
Human dignity has been the marrow of our Constitution and our constitutional state since 1994. The inherent dignity of man …
Article scientifique
Parental access to minors' health records in the South African health care context: concerns and recommendations
Privacy and confidentiality have long been recognized as essential elements of the doctorpatient relationship. Patients should feel free to disclose …
Article scientifique
Threatened Biodiversity, the NEMA EIA Regulations and Cultivation of Virgin Land: More of the Sorry Same?
The environmental impact assessment (EIA) regulations published in terms of the National Environmental Management Act 107 of 1998 (NEMA) have …
Article scientifique
Utilizing constitutional values in constitutional comparison
We are living in an era in which constitutional law has become a comparative science. A cogent, generally accepted methodology …
Article scientifique
Accountability in Extraterritoriality, a Comparative and International Law Perspective
This contribution provides a short overview of the book by Danielle Ireland-Piper on accountability in extraterritoriality in a comparative and …
Article scientifique
Same-sex marriage in South Africa: The road ahead
In hierdie bydrae word die problematiek oor "huwelike" tussen persone van dieselfde geslag aan die orde gestel. 'n Oorsig word …
Article scientifique
The utilisation of the right of children to shelter to alleviate poverty in South Africa
Children being the most vulnerable members of society are the one's most affected by living in poverty. This unacceptable situation …
Article scientifique
Pruning the Money-Tree to Ensure Sustainable Growth: Facilitating Sustainable Development Through Market-Based Instruments
There is growing global recognition that market-based instruments (MBI), such as environmentally-related taxes, levies and user-charges, are viable tools for …
Article scientifique
State duties of protection and fundamental rights
Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests …
Article scientifique
Personal Data Protection in New Zealand: Lessons for South Africa?
In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member …
Article scientifique
Some comments on the current (and future) status of Muslim personal law in South Africa
The state law of South Africa consists of the common law and the customary law. However, in reality there exist …
Article scientifique
Matrimonial Property Regimes and Damages: The Far Reaches of the South African Constitution
Section 18(b) of the Matrimonial Property Act 88 of 1984 allows for non-patrimonial damages to be claimed by a spouse …
Article scientifique
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution
The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed …
Article scientifique
Some Comments on Water Rights in South Africa
Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not …
Article scientifique
Interpretation of the Constitutional provisions relating to international law
The 1993 Constitution,1 for the first time in South African history accorded constitutional recognition to international law, thereby bringing an …
Article scientifique
Strengthening International Governance for Sustainable Development: Expectations for the 2002 Johannesburg World Summit
During the broad preparatory process for the Johannesburg World Summit there was hope that Johannesburg would become the starting point …