Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 69-88 of 963
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Beneficiary Fraud and Demand Guarantees
(PER/PELJ, 2022)It is settled in South African and English law that for the fraud exception to apply to demand guarantees or letters of credit the fraud must have been committed by the beneficiary (or his agent with the beneficiary's ... -
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land
(2012)Although developments subsequent to the judgment have undermined the value of the decision for the community involved, the Constitutional Court's judgment in the Bengwenyama matter provides a welcome precedent on the ... -
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution
(1999)The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the ... -
Between economic and legal analysis of incorporated things: a critical "no" to Aedilitian remedies
(2006)This article analyses the dictum of the Phame v Paizes 1973 3 397 (A) within economic and legal principles to determine whether incorporeal things could possess characteristics of value or quality characteristics as in ... -
Between norms and facts: the constitutional court's commitment to pluralism in South Africa's radically heterogeneous public schools
(2015)The recognition of pluralism constitutes a golden thread that runs through the Constitutional Court’s entire oeuvre of work. This ‘right to be different’ finds its initial footing in Gauteng Education Bill, Prince, and ... -
Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People
(PER/PELJ, 2018)In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. ... -
Beyond the contours of normally acceptable political violence: Is Cameroon a conflict/transitional society in the offing?
(2019)Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in ... -
Bhuiyan, Md J.H. and Jensen D. (eds). 2020. Law and Religion in the Liberal State (Hart Publishing 2020) ISBN 978 1 50992 633 6 (cased); 978 1 50992 635 0 (eBook); ePub 978 1 50992 634 3 [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Law and Religion in the Liberal State, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Darryn Jensen. The book contains a collection of papers dealing with the ... -
Bhuiyan, Md J.H. and Khan, B.U. (eds). 2019. Revisiting the Geneva Conventions: 1949-2019. (Brill Nijhoff Leiden ISBN 978 90 04 37553 6 (cased); 978 90 04 37554 3 (eBook) [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, edited by two legal scholars, namely Md Jahid Hossain Bhuiyan and Borhan Uddin Khan. The book is a commemoration of the 70th anniversary ... -
The binding effect of the constitutive documents of companies: The 1973 and 2008 Companies Acts of South Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008. The aim is ... -
"Brexit": a constitutional, diplomatic and democratic crisis. A view from the trenches
(2016)A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave. -
The BRICS-lawyers' guide to global cooperation (Cambridge University Press 2017)
(PER, 2018)This contribution reviews the book The BRICS-Lawyers' Guide to Global Cooperation edited by Rostam J Neuwirth, Alexandr Svetlicinii and Denis De Castro Halis. It was published by Cambridge University Press in 2017, and ... -
A brief overview of the Civil Union Act
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution ... -
Broadening the Legal Academy, the Study of Customary Law: The Case for Social-Scientific and Anthropological Perspectives
(2017-10-26)This article explores the need for a more broadly based understanding of law, especially in the context of undertaking research in customary law. It examines the limitations of doctrinal legal scholarship involving a "black ... -
The "brown" environmental agenda and the constitutional duties of local government in South Africa: a conceptual introduction
(2015)This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation ... -
Bullying in the Workplace : The Plight of South African Employees
(PER/PELJ, 2022)This article discusses the prevalence of bullying in South African workplaces as well as the causes and symptoms thereof and the shortcomings in the current protection available to victims. Jurisprudence indicates that in ...