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Now showing items 1-20 of 22

    • An administrative law perspective on “bad building” evictions in the Johannesburg inner city 

      Quinot, G. (ESR Review (Economic and Social Rights in South Africa)University of the Western Cape, Community Law Centre, 2007-05)
      The recent judgment of the Supreme Court of Appeal in Rand Properties provides an opportunity to assess the use of administrative law arguments in advancing the realisation of socio-economic rights. The judgment itself is ...

    • 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 ...

    • 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 ...

    • The contours of a pedagogy of law in South Africa 

      Quinot, G.; Greenbaum, Lesley (Juta Law, 2015)
      Reform of legal education is currently a topic of debate in South Africa again. Reform in higher education can, however, be dangerous and counter-productive if it is driven purely by policy agendas and in the absence of ...

    • Eiendomsverlies deur verkrygende verjaring : onteiening sonder vergoeding - of nie 

      Van Der Walt, A. J.; Marais, E. (LitNet Academic, 2012-12)
      OPSOMMING: Verkrygende verjaring word meestal beskou as ’n gedeelte van die Suid-Afrikaanse reg wat redelik regseker en onproblematies is. Die klaarblyklik onkontroversiële aard van hierdie regsreël is egter onlangs in ...

    • Enforcement of procurement law from a South African perspective 

      Quinot, G. (Sweet and Maxwell, 2011)
      As is the case in many other countries, public procurement law in South Africa has emerged from the combined application of legal rules from many distinct fields of law to the phenomenon of state contracting. Since no ...

    • Handling uncertainty in a court of law 

      Muller, M. A. (Stellenbosch Law Review : Juta Law, 2012)
      The ability to analyse uncertainty does not reside within most people's experience. Certain fallacies frequently appear. An important example is the so-called prosecutor's fallacy. It is a specific error of logic commonly ...

    • The mechanics of intervention and the green paper on land reform 

      Pienaar, Juanita M. (North-West University, Faculty of Law, 2014)
      The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse ...

    • Narrowing the band : reasonableness review in administrative justice and socio-economic rights jurisprudence in South Africa 

      Quinot, G.; Liebenberg, Sandra (Juta Law, 2011)
      This contribution explores the standard of reasonableness review applied in both administrative justice and socio-economic rights jurisprudence in South Africa. The first part traces the development of reasonableness as a ...

    • The potential of capstone learning experiences in addressing perceived shortcomings in LLB training in South Africa 

      Quinot, G.; Van Tonder, S. P. (North-West University, Faculty of Law, 2014)
      Current debates about legal education in South Africa have revealed the perception that the LLB curriculum does not adequately integrate various outcomes, in particular outcomes relating to the development of skills in ...

    • Public procurement and corruption : the South African response 

      Williams, Sope; Quinot, G. (JUTA Law, 2007)
      The purpose of this article is to examine corruption within public procurement and the measures that may be used to address it, in particular, the South African response to procurement corruption in the Prevention ...

    • 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 ...

    • Public purpose or public interest and third party transfers 

      Slade, B. V. (North-West University, Faculty of Law, 2014)
      In this article the difference between public purpose and public interest in section 25(2) of the 1996 Constitution is considered. It is generally accepted that public purpose is a narrower category than public interest ...

    • The regulation of in-flight films 

      Quinot, G. (JUTA Law, 2005)
      In South Africa, as in many other jurisdictions, the showing of films in public is legally regulated through a system of classification. This system entails that a film must first be classified by the Film and Publication ...

    • Remedial principles and meaningful engagement in education rights disputes 

      Liebenberg, Sandra (Academy of Science of South Africa, 2016-04)
      This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory ...

    • The role of quality in the adjudication of public tenders 

      Quinot, G. (North-West University, Faculty of Law, 2014)
      The quality of the goods or services that government procures is obviously a very important consideration in deciding which supplier should be awarded a particular public tender. It follows that in the regulation of public ...

    • Substantive legitimate expectations in South African and European administrative law 

      Quinot, G. (German law journal, 2004-01)
      The doctrine of substantive legitimate expectation is only starting to find its way into South African law at present. The courts have suggested that a careful analysis of the development of the doctrine in English law is ...

    • Substantive reasoning in administrative-law adjudication 

      Quinot, G. (Constitutional Court ReviewJuta Law, 2010)
      One of the main characteristics of constitutional transformation in South Africa is what Etienne Mureinik calls the shift towards a culture of justification in which 'every exercise of power is expected to be justified'.1 ...

    • Transformative legal education 

      Quinot, G. (Juta Law, 2012)
      This article argues that significantly increased attention to theory (or theories) of legal education is not only imperative in order to improve the quality of legal education in South Africa, but is a crucial ingredient ...

    • Underestimating the probability of coincidence 

      Muller, M. A. (Obiter: Published by Nelson Mandela Metropolitan University (NMMU), Faculty of Law, 2014)
      Coincidences are more common than most people might expect. It is quite possible that different pieces of evidence that seem to point in the same direction do so coincidentally. We come to the best possible conclusion about ...