718 publication(s) trouvée(s)
Article scientifique
Ontwikkeling van die gemenereg in die lig van artikel 39(2) en 173 van die Grondwet
Die onderwerp van hierdie voordrag is wydlopend en voortydig. Toe Professor Wigmore in 1914 met 'n vergelykbare onderwerp genader is, …
Article scientifique
The significance of a philosophical approach in constitutional adjudication with reference to the Prince case
The entrenchment of a Bill of Rights in a supreme Constitution in South Africa means that constitutionalism will become central …
Article scientifique
God's Kingdom in The Law's Republic: religious freedom in South African constitutional jurisprudence
Freedom is central to most constitutions. In the constitutional context, freedom usually means both personal freedom and political freedom. Personal …
Article scientifique
Moseneke v The Master 2001 2 SA18 (CC): Racial Discrimination Laws and the Interests of Justice
In 2002 the faculty of law of the Potchefstroom University for Christian Higher Education in collaboration with the Konrad-Adenauer-Stifttung embarked …
Article scientifique
The changing rules of jus ad bellum : conflicts in Kosovo, Iraq and Afghanistan
This article focuses on three instances of the use of armed force in international relations. The three instances that are …
Article scientifique
Muslim personal law and the meaning of "law" in the South African and Indian constitutions
The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section …
Article scientifique
The interaction between religious freedom, equality and human dignity
In balancing religious freedom with the right to equality and human dignity of persons affected by discriminatory measures, the provisions …
Article scientifique
Learned Staatsrecht from the Heartland of the Rechtsstaat Observations on the Significance of South African-German Interaction in Constitutional Scholarship ?
During (especially the latter half of) the previous century it was impressed on several generations of law students (mainly but …
Article scientifique
Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law
In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by …
Article scientifique
Developmental and environmental responsibilities of the "Rechtsstaat"
The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the …
Article scientifique
Administrative Bias in South Africa
This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased …
Article scientifique
Stop the Press: Why Censorship Has Made Headline News (AGAIN)
The recent publication of proposed amendments to the Films and Publications Act 65 of 1996 drew some sharp criticism from …
Article scientifique
Mthembu v Letsela: The non-decision
The debate concerning the apparent conflict between equality (section 9 of the Constitution of the Republic of South Africa 108 …
Article scientifique
Politics, socio-economic issues and culture in constitutional adjudication
In dealing with the influence of political considerations on the Constitutional Court's interpretation and application of the Bill of Rights …
Article scientifique
Gesinspolitiek en die ouer-kind verhouding
The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit …
Article scientifique
Risk Management And Liability For EnvironmentalL Harm Caused By GMOS – The South African Regulatory Framework
Biotechnology is still relatively new and as with any new technology, it carries some level of risk. This necessitates appropriate …
Article scientifique
The Emerging International Constitutional order: The Implications of Hierarchy in International Law for the Coherence and Legitimacy of International Decision-Making
The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates …
Article scientifique
Legal Research in a Changing Information Environment
Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for …
Article scientifique
Legislative and other measures taken by government to realise the right of children to shelter
The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is …
Article scientifique
The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures
Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will …