Browsing Faculty of Law by Title
Now showing items 57-76 of 387
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Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa
(2013)Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically ... -
Constitutional conversations in the anthropocene: in search of environmental Jus Cogens Norms
(Springer Link, 2015)This chapter investigates the existence of environmental jus cogens norms and the possibility of extending peremptory norms into the environmental domain. For this purpose, the chapter briefly describes the trite manifestation ... -
Constitutional dialogue and the dialogic constitution (or: Constitutionalism as culture of dialogue)
(Unisa, 2010)A constitution speaks. So my experience as theoretician of constitutional interpretation has taught me. Constitution-speak is not a monologue, not a monolithic soliloquy, with the supreme Constitution simply speaking for ... -
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 ... -
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 contribution of labour law and non–discrimination law to empowerment and social justice in an unequal society: a South African perspective
(Kluwer Law International, 2013)The tragic events at the Marikana mine ( North-West Province, South Africa) in 2012 again underlined the vast inequalities that persist in South African society. Significant income differentials and disparities in quality ... -
Cooperative environmental governance: at the coalface of sustainable infrastructure development in South Africa
(VerLoren Van Themaat Centre / Unisa Press, 2014)In this article, large-scale infrastructure development is situated within the sustainability paradigm with an emphasis on questions about environmental impact. W hile the focus is on South Africa, the article contributes ... -
Corporate social responsibility, legislative reforms and mining in South Africa.
(International Bar Association, 2008)The South African mining industry is currently one of the largest contributing sectors to the country’s economy. In the years preceeding the new constitutional era, the sole aim of the mining sector was the exploitation ... -
"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ... -
Creating a CSR-enabling environment: the role of Government
(VerLoren Van Themaat Centre / Unisa Press, 2013)The legacies of apartheid remain firmly entrenched in the social challenges facing South Africa and it seems as if the national government is, at least to some extent to date, unable to deliver social and physical ... -
Criminal procedure
(Juta Law, 2015)A number of recently reported cases deal with issues of prosecutorial discretion, the duty resting upon prosecutors to protect the public interest and the proper formulation of charges by prosecutors. Unfortunately in all ... -
Criminal procedure
(Juta Law Publishing, 2015) -
Criminal procedure
(Juta, 2017)Section 342A(1) of the Criminal Procedure Act 51 of 1977 provides that a criminal court may conduct an investigation into delays in criminal proceedings. The section further provides for a number of factors that a court ... -
Criminal procedure
(Juta, 2017)In Mogale v Minister of Safety and Security 2016 (2) SACR 682 (GP) the high court had dismissed an application sought by the appellants for an order setting aside certain search warrants issued by different magistrates (at ... -
Criminal procedure : recent cases
(Juta, 2014)A summons or a written notice to appear in court may provide for the payment of an admission of guilt fine by the accused (s 57(1) of the Criminal Procedure Act 51 of 1977). Upon payment of such a fine the accused is, ... -
Criminal procedure: recent cases
(Juta, 2016)In Minister of Safety and Security v Van der Merwe 2011 (2) SACR 301 (CC) at paras [36]-[37] the Constitutional Court identified a number of legislative safeguards to ameliorate the effect of searches and seizures on ... -
A critical analysis of the effect of South African Environmental legislationon the international competitiveness of local industries
(Multicopy, University of kwaZulu, 2009) -
Critical cross‑field outcomes: a Rortian view on why and how to teach jurisprudence in South Africa in the 2010s
(University of the Free State, 2014)Higher education authorities strive towards a transformed, democratic, non‑racist, non‑sexist system which will, inter alia, promote a democratic ethos and human rights culture through educational programmes and practices ... -
A Critical Discussion of a Pension Interest as an Asset in the Joint Estate of Parties Married in Community of Property
(Speculum Juris, 2014)It is fundamentally important for persons married to each other to understand their rights and obligations in such a union, more particularly when they are married in community of property. Spouses should understand what ...