Browsing PER: 2017 Volume 20 by Title
Now showing items 26-45 of 68
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The Foundational Tenets of Johannes Althusius' Constitutionalism
(2017-11-02)In his Politica: Politics Methodically set Forth and Illustrated with Sacred and Profane Examples published in 1603 Johannes Althusius’ sets out his grand scheme of republican federalism. Soon, however, the final establishment ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe
(2017)Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation ... -
Gyorfi T Against the New Constitutionalism (Edward Elgar Publishing Cheltenham, UK 2016)
(2017-05-16)This contribution reviews the book entitled Against the New Constitutionalism authored by Tamas Gyorfi. He challenges the pivotal role given to judges in constitutional adjudication. -
Hate Speech Provisions and Provisos: A Response to Marais and Pretorius and Proposals for Reform
(2017-11-06)This article responds to some of the issues raised by Marais and Pretorius in their 2015 article titled "A Contextual Analysis of the Hate Speech Provisions of the Equality Act" published in 2015(18)4 PER 901. In particular, ... -
Ireland-Piper D Accountability in Extraterritoriality, a Comparative and International Law Perspective (2017 Edward Elgar, UK)
(2017-07-14)This contribution provides a short overview of the book by Danielle Ireland-Piper on accountability in extraterritoriality in a comparative and international law context. -
Johannes Althusius' Grand Federalism, the Role of the Ephors and Post-Statist Constitutionalism
(2017-12-05)This article discusses the primary structures Johannes Althusius’ constitutionalism, as explained in his Politica: Politics Methodically Set Forth and Illustrated with Sacred and Profane Examples published in 1603. The ... -
Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GNP): intermediary appointment reports and a child's right to privacy versus the right of an accused to access to information
(2017)General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to ... -
The Law Regarding Pension Interest in South Africa has been settled! Or has It? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162
(2017-03-31)This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme Court of Appeal in Ndaba v Ndaba (600/2015) [2016] ZASCA 162 adequately clarified how this area ... -
The legal nature of the duty of care and skill: contract or delict?
(2017)This article evaluates the legal nature of the duty of care and skill of directors. In terms of the Companies Act 71 of 2008 this duty is essentially delictual in nature. This article evaluates whether the duty is in fact ... -
Liability to Pay Retirement Benefits when Contributions were not paid to the Retirement Fund
(2017-12-18)This article addresses the conduct of employers who are associated with retirement funds, who have failed to pay their employees' contributions into such retirement funds. In particular, the article responds to the critique ... -
A Liberal Actor in a Realist World the European Union Regulatory State and the Global Political Economy of Energy (Oxford University Press Oxford 2015)
(2017-03-08)This contribution reviews the book entitled "A Liberal Actor in a Realist World The European Union Regulatory State and the Global Political Economy of Energy" authored by Andreas Goldthau and Nick Sitter. It was published ... -
Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa
(2017-03-17)On 22 May 2015, the Supreme Court of Appeal (SCA) handed down a judgment in the matter of Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition ... -
Martin, P., Bigdeli, S.Z. & Daya-Winterbottom, T. 2015. The Search for Environmental Justice. [Book review]
(2017)This contribution provides a short overview of the book by Martin P, Bigdeli SZ, Daya-Winterbottom T, Du Plessis W and Kennedy K (eds) The Search for Environmental Justice (Edward Elgar UK 2015) ISBN 978-1-78471-941-8. -
The myth of objectivity: implicit racial bias and the law (Part 1)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
The myth of objectivity: implicit racial bias and the law (Part 2)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
Oral Law in Litigation in South Africa: An Evidential Nightmare?
(2017-10-26)In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ... -
A pluralist approach to the law of international sales
(2017)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff ... -
Post-commencement finance – domiciled resident or uneasy foreign transplant?
(2017)The 2008 Companies Act 71 of 2008 introduced a new business rescue regime into South African company law, bringing it into line with trends in developed countries, particularly the United States. Indeed, it appears that ...