Browsing by Subject "Constitutional values"
Now showing items 1-7 of 7
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Assisted dying and moral principles : the quest for just and legitimate norms in constitutional interpretation
(2016)In this thesis the relationship between law and morality is examined, posing the question whether or not the law consists of - or to some extent at least includes - principles that can help an adjudicator to determine how ... -
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 core meaning of human dignity
(2016)The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult ... -
Die openbare administrasie en die reg op toegang tot inligting
(2001)During the previous constitutional dispensation in South Africa the management of official information tended to be excessively secretive. This position was changed by section 32 of the Constitution of the Republic of South ... -
Exemption clauses and the Consumer Protection Act 68 of 2008: an assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)
(2014)Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom ... -
The legal significance of human dignity
(North-West University (South Africa), Potchefstroom Campus, 2016)The meaning of human dignity has been elusive since its recognition by the Stoics in 128 B.C. as an attribute that distinguishes man from the rest of nature because of his ability to reason and to decide over his own fate. ... -
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...