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Now showing items 5413-5432 of 35418
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The constitutional impact of strategic litigation in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2016)The broad focus of the thesis is an analysis of the constitutional limits to strategic litigation involving the state. The first chapter outlines the background of the study and defines the concept of strategic litigation. ... -
The constitutional implications of the right to social security for non-South African Nationals
(North-West University (South Africa), 2015)This research examines the constitutional implications of the right to social security and status of non-nationals in South Africa and the exiting immigration laws, government policies and the legislative frame work of ... -
The constitutional implications of the right to social security for Non-South African Nationals
(North-West University (South Africa), 2017)This research examines the constitutional implications of the right to social security and status of non-nationals in South Africa and the exiting immigration laws, government policies and the legislative frame work of ... -
The constitutional influence on organ transplants with specific reference to organ procurement
(2014)This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a ... -
Constitutional interpretation in the so-called 'hard cases': Revisiting S v Makwanyane
(Pretoria University Law Press, 2017)Grondwetlike interpretasie in sogenaamde 'moeilike sake' verg, in sekere gevalle, dat regters van subjektiewe maatstawe moet gebruik maak om definisie te verskaf aan grondwetlike regte en waardes. Dit beteken dat regters ... -
Constitutional law and international law at the turn of the century
(1998)Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both ... -
A constitutional law perspective on structural poverty in South Africa
(North-West University (South Africa)., 2023)Poverty in South Africa is rampant and widespread, and structural in nature. It has persisted after the political transformation of 1994, and has burgeoned and worsened since this time, notwithstanding the constitutional ... -
The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
The constitutional protection afforded to child victims and child witnesses while testifying in criminal proceedings in South Africa
(PER/PELJ, 2019)The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children ... -
The constitutional protection of freedom of speech and the prohibition of hate speech in South Africa : promises and pitfalls
(2004)Freedom of expression is one of the most important rights protected under the Constitution. It is as a pre-condition of the enjoyment of all other rights (except, may be the right to life). The right of freedom of ... -
The constitutional protection of freedom of speech and the prohibition of hate speech in South Africa : promises and pitfalls
(2004)Freedom of expression is one of the most important rights protected under the Constitution. It is as a pre-condition of the enjoyment of all other rights (except, may be the right to life). The right of freedom of ... -
The Constitutional Rules of Succession to the Institution of Monarch in Lesotho
(PER/PELJ, 2019)The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the ... -
The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure
(2009)An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution Summary 1 At the outset it should be pointed out that this article ... -
Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order
(2016)Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest ... -
The constitutionalisation of public international law and the creation of an international rule of law: Taking stock
(VerLoren van Themaat Centre for Public Law Studies, 2009) -
The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC)
(PER / PELJ, 2018)This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) ... -
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
(2013)Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ... -
Constitutionalism and coloniality: A case of colonialism continued or the best of both worlds?
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)This article deals with the concept of constitutionalism in relation to colonialism and modernity, with a specific emphasis upon South Africa and South African constitutional development. The Republic of South ...