Browsing Research Articles (Public Law) by Title
Now showing items 33-52 of 79
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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 ... -
The importance of the commons in the context of intellectual property
(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 ... -
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 ... -
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 ... -
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The law of general application requirement in expropriation law and the impact of the Expropriation Bill of 2015
(University of Pretoria, 2017)AFRIKAANSE OPSOMMING: In hierdie artikel word die vereiste ‘algemeen geldende regsvoorskrif’ in artikel 25(2) van die Grondwet van die Republiek van Suid-Afrika,1996, ontleed aan die hand van die Onteieningswetsontwerp ... -
The mechanics of intervention and the green paper on land reform
(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 ... -
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 ... -
Mutual legal assistance in criminal matters and the risk of abuse of process: a human rights perspective
(Juta Law, 2006-01)Mutual legal assistance, as one of the modalities of international co-operation in criminal matters, is generally regarded as primarily a foreign policy matter. In this article it is argued that the mutual legal assistance ... -
Narrowing the band : reasonableness review in administrative justice and socio-economic rights jurisprudence in South Africa
(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 ... -
Needs, rights and transformation: adjudicating social rights
(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 ... -
Observations on the (un-) constitutionalty of section 118(3) of the local government: systems act 32 of 2000
(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 ... -
Oor hoe juriste werk met tekste ... en tekste met hulle : enkele gedagtes oor die postmodernisering van Christelik-reformatoriese regsdenke
(Scriber Editorial Systems, 2000)In this article it is argued that postmodern, Christian-Reformational legal scholarship is possible, in principle, and indeed necessary. Reformational legal scholars are enjoined to account for the implications of the ... -
Polish apartment ownership compared with South African sectional titles
(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 ... -
The potential of capstone learning experiences in addressing perceived shortcomings in LLB training in South Africa
(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 ... -
Privatisation of the commons : water as a right; water as a commodity
(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 ... -
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, ... -
Public procurement and corruption : the South African response
(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
(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 ...
