Research Articles (Public Law)
Recent Submissions
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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. -
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 ... -
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 ... -
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Beyond sexual binaries? the German Federal Constitutional Court and the rights of intersex people
(North-West University, Faculty of Law, 2018)In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. ... -
Submission to Parliament on the review of section 25 of the Constitution of the Republic of South Africa, 1996
(2019)On the 27th of February 2018, the National Assembly adopted a motion to review section 25 and other relevant provisions of the Constitution of the Republic of South Africa, 1996, to permit the state to expropriate land in ... -
A case study in advocating for expanded clinical legal education : the University of Stellenbosch module
(Cape Town : Juta and Company (Pty) Ltd, 2017-03)Practical Legal Training 471 (“PLT”) is the only Clinical Legal Education (“CLE”) module currently offered by the Faculty of Law at the University of Stellenbosch (“Faculty”). It has an important function in that it offers ... -
Applying the mandament van spolie in the case of incorporeals : two recent examples from case law
(Juta Law, 2015-01)The mandament van spolie is a remedy available in South African law to protect possession of property. The remedy is aimed at ensuring restoration of possession ante omnia in instances of unlawful dispossession. It is not ... -
A decade and a half of deference (part 2)
(Juta Law, 2016-10)Hoexter and O’Regan J established deference as a prominent topic and principle, respectively. In doing so, both Hoexter and O’Regan J drew on Dyzenhaus’s conception of “deference as respect”. His conception of deference ... -
A decade and a half of deference (part 1)
(Juta Law, 2016-06)In 2000 Hoexter published an article on judicial review that became very influential in South African administrative-law scholarship and jurisprudence. In her article Hoexter raised the notion of deference in judicial ... -
The application of socio-economic rights to private law
(Juta Law, 2008-01)The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ... -
Ambit of mineral rights : paving the way for new order disputes
(Juta Law, 2007-01)The ambit of a real right, such as a mineral right, is determined by ascertaining the content thereof by identifying and listing its entitlements as well as identifying the limitations placed upon the exercise of such ...
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