PER: 2004 Volume 7 No 2
29 October 2004
- 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 / Nwauche, ES
- Dilemma of Muslim women regarding divorce in South Africa / Gabru, N
- The application of just administrative action in the South African environmental governance sphere: an analysis of some contemporary thoughts and recent jurisprudence / Kotzé, LJ
- Some comments on the current (and future) status of Muslim personal law in South Africa / Rautenbach, C
- The changing rules of jus ad bellum: conflicts in Kosovo, Iraq and Afghanistan / Scholtz, W
- Parental access to minors' health records in the South African health care context: concerns and recommendations / Slabbert, MN
In this 11th issue of PER a rich diversity of topical themes are addressed by seven able authors: judicial impartiality, the legal position of Muslims, access to health information, environmental governance, the development of the common law under the Constitution and the ius ad bellum. The background of the authors varies from membership of the Bench of the Supreme Court of Appeal of South Africa, to local and Nigerian scholarship. All of these contributions have been considered thoroughly by our reviewers and found to be commendable reading. We have included a new section called orationes, which are addresses delivered by prominent speakers at the Potchefstroom Campus of the North-West University, South Africa. Our readers are invited to become participants in this international forum on constitutionalism and the law relating to development.
The technical editing of this edition was done by Dr. T du Plessis.
(2004)The point of departure in the Constitution is that the existing legal order should largely be kept intact, despite the fact that this is disliked by some. The common (or non-statutory) law has also retained its position, ...
Parental access to minors' health records in the South African health care context: concerns and recommendations (2007)Privacy and confidentiality have long been recognized as essential elements of the doctor-patient relationship. Patients should feel free to disclose the most intimate and private medical facts about themselves to their ...
(2004)This article focuses on three instances of the use of armed force in international relations. The three instances that are explored are the intervention by NATO in Kosovo, the armed attack by mainly the USA and the UK ...
(2004)The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the ...
(2004)On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married ...
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 (2004)The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to ...