Browsing Journals by Subject "Rule of law"
Now showing items 1-7 of 7
-
Can decentralisation contribute to promoting rule-of-law structures? The democratic republic of Congo, Rwanda and Burundi as examples
(2012)Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing ... -
The case of government of the Republic of Zimbabwe v Louis Karel Fick : a first step towards developing a doctrine on the status of international judgments within the domestic legal order
(2014)The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the ... -
The South African constitutional court and the rule of law: The masethla judgement, a cause for concre?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South ... -
The unconstitutional practices of the Judicial Service Commission under the guise of Judicial Transformation: Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC)
(2014)This contribution aims to point out valuable lessons from the shortcomings of the Judicial Service Commission as highlighted in the case of The Cape Bar Council v The Judicial Service Commission. The case involved the ... -
Values and the rule of law: foundations of the European Union – an inside perspective from the ECJ
(PER, 2018)Let us remember what has been written, ratified and set into force with the Treaty of Lisbon. The preamble of the Charter of Fundamental Rights starts out by stating: "The peoples of Europe, in creating an ever closer union ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part one
(2012)This article takes as its starting point a controversy which has arisen around a proposed assessment by the South African government of the decisions of the Constitutional Court, giving rise to concerns that this will ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part two
(2012)Part One of this article traced rising tensions between the South African executive and the judiciary on the question of the separation of powers. This situation was then contrasted and compared with a clash which took ...