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  Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society 

  Botha, Henk (Faculty of Law, University of the Western Cape, 2017)

  In this article, I argue that the impoverished conception of freedom of assembly displayed in legislation and case law, and its neglect in academic literature, has to do with a set of dominant understandings of democracy. ...
  
  
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  The rights of foreigners : dignity, citizenship and the right to have rights 

  Botha, Henk (Juta Law, 2013-01)

  This article examines the rights of foreign nationals in view of Hannah Arendt's thesis that human rights amount to little when severed from the rights of members of a concrete political community. It considers three ...
  
  
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  Re-defining national sovereignty : the key to avoid constitutional reform? Reflections on the 2011 Green Paper on Land Reform 

  Rudman, Annika (Juta Law Publishing, 2012-01)

  The results of post-apartheid land reform in South Africa have for a substantial period of time prompted scholars to ask key questions about the ability of law to achieve social change. Change in this case translating into ...
  
  
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  Transformative constitutionalism in a democratic developmental state 

  Rosa, Solange (Juta Law Publishing, 2011-01)

  In order for socio-economic transformation to have a real impact on the lives of the poor and marginalised, meaningful participation in the development of law and policy as well as administrative decision-making, is required. ...
  
  
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  Conceptualising "meaningful engagement" as a deliberative democratic partnership 

  Muller, Gustav (Juta Law Publishing, 2011-09)

  Nearly four years ago the Constitutional Court created the concept of "meaningful engagement" in Occupiers of Olivia Road, Berea Township, and 197 Main Street, Johannesburg v City of Johannesburg 2008 3 SA 208 (CC). The ...
  
  
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  Privatisation of the commons : water as a right; water as a commodity 

  Moyo, Khulekani (Juta Law Publishing, 2011-09)

  This contribution seeks to propose an accountability framework for States and non-State actors involved in the provision and management of water services. The article contends that States have a legal obligation under ...
  
  
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  The importance of the commons in the context of intellectual property 

  Van Der Walt, AJ; Du Bois, M (Juta Law Publishing, 2013-01)

  The intellectual commons or public domain is an important part of intellectual property law scholarship. In this regard it is necessary to examine the origins of the commons, what exactly the intellectual commons is and ...
  
  
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  Thinking two worlds into one : the "distribution of the sensible" and women's renegotiation 

  Jooste, Yvonne (Juta Law Publishing, 2013-01)

  In this note, the author reflects on the subjectivity of women through the lens of Jacques Rancière's formulation of the "distribution of the sensible". The author discusses the French revolutionary woman, Olympe de Gouges, ...
  
  
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  The right to diplomatic protection, the Von Abo decision, and one big can of worms : eroding the clarity of Kaunda 

  Tladi, Dire (Juta Law Publishing, 2009-02)

  Von Abo v Government of the RSA [2008] JOL 22219 (T) contains certain significant findings regarding the right to diplomatic protection and, more generally, the discretion of states in the conduct of foreign affairs. ...
  
  
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  Sexual harassment and vicarious liability: a warning to political parties 

  Loots, Barbara E. (Juta Law Publishing, 2008-01)

  INSTRODUCTION: The allegations that the former ANC chief whip, Mbulelo Goniwe, sexually harassed an administrative assistant working in that party’s parliamentary office has brought to light the immense power the special ...
  
  
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  Human dignity in comparative perspective 

  Botha, Henk (Juta Law Publishing, 2009-02)

  This article compares the role of human dignity in constitutional interpretation in Germany and South Africa. Both countries have embraced dignity as a direct response to a troubled and totalitarian past. Nowadays dignity ...
  
  
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  Polish apartment ownership compared with South African sectional titles 

  Van der Merwe, C. G.; Habdas, Magdalena (Juta Law Publishing, 2006)

  INTRODUCTION: The aim of this article is to compare the institution of apartment ownership in a former socialist country, Poland, with the institution of sectional titles in South Africa. We shall see that the seed of ...
  
  
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  Duty to support and the dependant's claim: the struggle of women married in terms of customary and muslim law 

  Pienaar, J. M. (Juta Law Publishing, 2006-02)

  INTRODUCTION: Although the economic empowerment and independence of widows are generally dependent on the enforcement of their inheritance rights (and concomitant protection of property rights), a dependant’s successful claim ...
  
  
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  Needs, rights and transformation: adjudicating social rights 

  Liebenberg, Sandra (Juta Law Publishing, 2006-01)

  INTRODUCTION: One of the most contested issues in South Africa’s burgeoning jurisprudence on social rights relates to how the courts should enforce the duties imposed by these rights. Debate has focused in particular ...
  
  
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  ‘‘Subsidiarity’’: What's in the name for constitutional interpretation and adjudication? 

  Du Plessis, L. M. (Juta Law Publishing, 2006-02)

  INTRODUCTION: ‘‘I would lay it down as a general principle that where it is possible to decide any case, civil or criminal, without reaching a constitutional issue, that is the course which should be followed.’’ This ...
  
  
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  Observations on the (un-) constitutionalty of section 118(3) of the local government: systems act 32 of 2000 

  Du Plessis, L. M. (Juta Law Publishing, 2006-03)

  INTRODUCTION: Can section 118(3) of the Local Government: Municipal Systems Act1 (‘‘the act’’) withstand constitutional scrutiny – in terms of section 25(1) of the Constitution,2 to be more exact? The Constitutional Court ...
  
  
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  South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law : a submission informed by historical, normative and policy considerations 

  Kemp, Gerhard (Washington University School of Law, 2017)

  The ANC-led Government’s decision in October 2016 to withdraw South Africa from the International Criminal Court (“ICC”) came as a shock to those who regard South Africa as a champion of international criminal justice ...
  
  
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  The legal regulation of construction procurement as a relational construct in South Africa 

  Anthony, Allison Megan (Stellenbosch : Stellenbosch University, 2018-03)

  ENGLISH ABSTRACT : Public procurement is generally considered to be the acquisition of goods or services by the government. It contributes a large deal to the country’s economy and involves the expenditure of public ...
  
  
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  Public interest standing in Bill of Rights litigation under the South African Constitution: Lessons from India 

  De Villiers, Kathryn Hofmeyr (Stellenbosch : Stellenbosch University, 2018-03)

  ENGLISH ABSTRACT : Section 38(d) of the Constitution of the Republic of South Africa, 1996, states that anyone acting in the public interest may approach a court for relief arising from the infringement or threatened ...
  
  
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  A comparative study of the effectiveness of bidder remedies in South Africa and Nigeria 

  Udeh, Kingsley Tochukwu (Stellenbosch : Stellenbosch University, 2018-03)

  ENGLISH ABSTRACT : The Guide to Enactment identified that a bidder remedies system helps to make procurement law to “an important degree self-policing and self-enforcing”. This is because it provides an avenue to litigate ...
  
  
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  Die toelaatbaarheid van ongrondwetlik-verkree getuienis 

  Langenhoven, Marthinus Jacobus (Stellenbosch : Stellenbosch University, 1999-12)

  ENGLISH ABSTRACT: Section 35(5) of the Constitution of the Republic of South Africa Act 108of1996 provides that evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission ...
  
  
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  The means and the ends of justice the interaction between socio-economic rights and administrative justice in a South African democratic developmental state 

  Rosa, Solange (Stellenbosch : Stellenbosch University, 2017-12)

  ENGLISH ABSTRACT : The central focus of this thesis is to examine the substantive interaction between socio-economic rights and the right to administrative justice in addressing poverty under South African law. The hypothesis ...
  
  
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  A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights 

  Amin, Anneth (Stellenbosch : Stellenbosch University, 2017-12)
  
  
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  An evaluation of the National Health Insurance scheme in the light of South Africa’s constitutional and international law obligations imposed by the right to health 

  Du Toit, Michelle (Stellenbosch : Stellenbosch University, 2017-12)

  ENGLISH ABSTRACT : This study ultimately concerns the right to health care under constitutional law and international law and the National Health Insurance scheme proposed for South Africa. The study begins by contextualising ...
  
  
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  The potential of structural interdicts to constitute effective relief in socio-economic rights cases 

  Swanepoel, Philip (Stellenbosch : Stellenbosch University, 2017-12)

  ENGLISH ABSTRACT : The realisation of socio-economic rights for the poorest and most vulnerable members of society is of critical importance if South Africa’s project of transformative constitutionalism is to succeed. It ...
  
  
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  Public procurement as a tool to drive innovation in South Africa 

  Bolton, Phoebe (North-West University, Faculty of Law, 2016)

  This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ...
  
  
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  At the intersection between expropriation law and administrative law : two critical views on the Constitutional Court's Arun judgment 

  Marais, E. J.; Maree, P. J. H. (Faculty of Law, North-West University, 2016-08)

  Abstract of article; "In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of ...
  
  
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  Die basiese-struktuur-leerstuk : 'n basis vir die toepassing in Suid-Afrika, of 'n skending van die skeiding van magte? 

  Van Schalkwyk, Cecile (LitNet, 2015-08)

  Die basiese-struktuur-leerstuk is in 1973 deur die hoogste hof van Indië ontwikkel in ’n poging om die misbruik van grondwetwysigings deur die dominante regerende party te voorkom. Die leerstuk bepaal dat, ten spyte daarvan ...
  
  
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  Rights and democracy in a Transformative Constitution 

  Botha, Henk; Van der Walt, A. J.; Van der Walt, J. C. (AFRICAN SUN MeDIA, 2003)

  The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking - and input - on Constitutional Law has made a great contribution to constitutional development in South Africa.
  
  
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  A right to the city for South Africa’s urban poor 

  Strauss, Margot (Stellenbosch : Stellenbosch University, 2017-03)

  ENGLISH ABSTRACT : In South Africa, spatial injustice holds profound implications for the democratic transformation of society, the planning and development of inclusive towns and cities, and the realisation of the ...
  
  

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