Browsing PER: Potchefstroom Electronic Law Journal by Issue Date
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Ubuntu and the law in South Africa
(1998)The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society ... -
Gesinspolitiek en die ouer-kind verhouding
(1998)The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit was to sire children and to provide for them until they reached maturity. To realise this provisional aim, a ... -
Tradisionele leiers: erkenning en die pad vorentoe
(1998)There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently ... -
Die betekenis van die bepalings van die 1996 Grondwet: Die aanhef en hoofstuk 1
(1998)The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996. Due to the foundational and repetitive reference ... -
Konstitusionele voorskrifte rakende regspersone
(1998)The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights ... -
Die dialektiek in die waardes van die 1996 Grondwet
(1998)In his paper The Dialectics in the Values of the 1996 Constitution Jan Swanepoel discusses various value statements in the 1996 Constitution of the Republic of South Africa and focuses the attention on indications of a ... -
Constitutional law and international law at the turn of the century
(1998)Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both ... -
Die reg van die homoseksuele ouer om beheer en toesig oor 'n kind te verkry in die lig van die bepalings van die Grondwet
(1999)The problematic nature of the right of a homosexual parent to vest custody over a child is biarticulated: the nature and extent of custody disputes as well as the issues of discrimination based on sexual orientation are ... -
Muslim personal law and the meaning of "law" in the South African and Indian constitutions
(1999)The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and ... -
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 ... -
De Nederlanse casus: Een politiek gevecht om de grondwetsherziening
(1999)The political struggle leading up to the Dutch Constitution of 19831 is an empirical theoretical relevant case. A particular theoretical point of view (called the theoretical perspective of scientific legal intervention) ... -
Naturschutz und Verfassungsrecht
(1999)Nature Conservation and Constitutional Law in GermanyGermany's federal structure is mirrored in its constitutional law consisting of the federation's Basic Law and the constitutions of the federal states subject to conformity ... -
Developmental and environmental responsibilities of the "Rechtsstaat"
(1999)The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the structural differences between the constitutional order based on the Rechtsstaat on the ... -
Vrijheid van meningsuiting en godsdienst versus het non-discriminatiebeginsel
(2000)A certain tension between freedom of expression and the proscription of discrimination is present in post World War II international law. This tension is dealt with differently in different jurisdictions. This contribution ... -
Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag
(2000)This article focuses on the nature of legislative discretions in the hands of the executive authority of the state. Relevant concepts are analysed, followed by an exposition of the position regarding delegation of ... -
Oordrag van eiendomsreg en die vulgêre reg in die Wes-Romeinse ryk
(2000)It is generally accepted that an abstract system is applied in South Africa with regard to the transfer of ownership. It is a characteristic of the abstract system that the different legal acts which form part of the ... -
House of Traditional Leaders: Role, problems and future
(2000)A national House of Traditional Leaders and provincial Houses of Traditional Leaders have been established in terms of Constitution of the Republic of South Africa, 1993. The role of Traditional leaders at provincial and ... -
The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures
(2000)Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections ... -
State duties of protection and fundamental rights
(2000)Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally ... -
Mthembu v Letsela: The non-decision
(2001)