Department of Public Law
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Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 1 SA 925(A)
(VerLoren Van Themaat CentreUNISA Press, 1990-01)’n Mens kan verwag dat die oordrag van tradisionele owerheidsfunksies aan die private sektor toenem end vrae sal laat ontstaan oor die verhouding tussen die privaat- en publiekreg. Die onderhawige saak verdien aandag, ... -
Albie Sachs and the politics of interpretation
(UNISA Press, 2010-01)The politics of interpretation continues to haunt judges and legal theorists. Ever since the legal realists launched their attack on the formalist belief that general legal rules can generate determinate answers to concrete ... -
Human dignity : lodestar for equality in South Africa
(Juta and Company (Pty) Ltd, 2014-01)Laurie Ackermann was one of the first constitutional lawyers to develop a distinct substantive understanding of the Constitution of the Republic of South Africa, 1996. This vision, already evident from some of the ... -
Metaphoric reasoning and transformative constitutionalism (part 2)
(Juta Law, 2003-01)INTRODUCTION TO 6: I have argued that the apartheid logic of separation and exclusivity was structured in terms of the container metaphor. Racial and other identities and physical spaces were thought to have clear ... -
Equality, dignity, and the politics of interpretation : post-apartheid fragments : law, politics and critique
(VerLoren Van Themaat CentreUNISA Press, 2004-01)The equality standard articulated by South Africa's Constitutional Court is premised on a substantive concept of equality, and purports to be sensitive to context and mindful of past patterns of discrimination, systemic ... -
The Selfless Constitution : experimentalism and flourishing as foundations of South Africa's Basic Law
(Stellenbosch Law ReviewJuta and Company, 2014-01)Stu Woolman's new book is an ambitious work, which expounds a theory of constitutionalism which breaks with traditional understandings of the self, the social and constitutional law, and seeks to reconceive them in a number ... -
Intangible constitutional property : a comparative analysis
(Juta and Company, 2017-12)This article investigates how the question of recognising intangible interests as constitutional property is approached in the constitutional property law regimes of Moldova, Germany, the European Court of Human Rights ... -
A tribute to professor Andre van der Walt
(Juta Law, 2018)As I write this, it has been shortly over a year since André van der Walt passed away at the age of 60 on 5 November 2016 after a two-year struggle with cancer. -
A critical evaluation of South Africa's enactment of new anti-trafficking legislation in fulfilment of its international obligations to prevent, suppress and combat the trafficking of persons under the Palermo Convention
(Stellenbosch : Stellenbosch University, 2020-04)ENGLISH ABSTRACT: The United Nations Convention against Transnational Organised Crime (“Palermo Convention”) and the Protocols thereto aim to prevent and combat the international phenomena collectively known as organised ... -
Hostis Humani Generi : towards an effective legal framework to combat maritime piracy : a South African perspective
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: In recent history the international community has witnessed the re-emergence of maritime piracy at an alarming rate such that it has featured in the agendas of multilateral institutions and regional ... -
Dialectical tensions in the jurisprudence of the International Criminal Court : fair process, the demands for justice and the expectations of the international community
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: The fundamental question, which the notion of fair trial rights imposes is to what extent can a trial be fair to those accused of the most heinous crimes affecting the whole of humanity? In attempting ... -
Human rights obligations and South African companies : a transformative approach
(Stellenbosch : Stellenbosch University, 2020-04)ENGLISH ABSTRACT: In response to colonialism, apartheid and contemporary ills, the Constitution of the Republic of South Africa, 1996 (“the Constitution”) builds its legitimacy on the fundamental restructuring of South ... -
The courts, national security and the free flow of information
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: National Security and the free flow of information are both vital to the preservation of South Africa’s open democracy. However, the two are often in tension, as the protection of National Security requires ... -
Intellectual property rights flowing from universities : an analysis of the impact of the current South African legal framework on international research collaboration
(Juta Law, 2018)Researchers employed by South African universities often collaborate with other international research institutions.1 Subject to the granting of sufficient funding, they do exciting and potentially ground-breaking research ... -
Land law and governance : African perspectives on land tenure and title
(Juta Law, 2018)The publication is a product that was initiated by the International Alliance for Land Tenure and Administration, following the Conference of the Commission on Legal Pluralism that was held in conjunction with the erstwhile ... -
The third wave of preferential procurement regulations in South Africa
(Juta Law, 2018)The use of public procurement to promote wealth redistribution in South Africa as part of the overall constitutional objective of addressing the continuing disadvantage created by unfair discrimination in the past is a ... -
The impact of the best interests and the respect for the views of the child principles in child custody cases
(Brill Academic Publishers, 2019)The best interests of the child and the respect for the views of the child are pillars designed and recognised in international children’s law as principles on which children’s rights in general evolve. Both principles ... -
A critical consideration of the exclusion of corporate criminal liability for the atrocity crimes under the Rome Statute of the International Criminal Court
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: From the international criminal law perspective, unlike the national law perspective, the principle of corporate criminal responsibility is not defined neither does the Rome Statute of the International ... -
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The protection of African transgender women's rights to dignity, life and health through a teleological reading of the Maputo Protocol
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: International human rights law asserts that all individuals are born free and equal in dignity and rights. The principle of universality, read together with the rights to equality and non-discrimination, ...
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