Browsing Research Articles (Public Law) by Title
Now showing items 52-68 of 68
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Rethinking the right to vote
(Juta Law Publishing, 2015-08)South African constitutional scholars have been puzzling for some time over a basic tension in the Constitutional Court’s voting rights jurisprudence. While some of its judgments show a commitment to a vigorous defence and ... -
The right to diplomatic protection, the Von Abo decision, and one big can of worms : eroding the clarity of Kaunda
(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. ... -
The rights of foreigners : dignity, citizenship and the right to have rights
(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 ... -
The role of quality in the adjudication of public tenders
(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 ... -
Sexual harassment and vicarious liability: a warning to political parties
(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 ... -
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
(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 ... -
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 ... -
‘‘Subsidiarity’’: What's in the name for constitutional interpretation and adjudication?
(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 ... -
Substantive legitimate expectations in South African and European administrative law
(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
(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 ... -
The discretion of courts in encroachment disputes
(Juta, 2012)The main focus of this note is Phillips v South African National Parks Board (4035/07) [2010] ZAECGHC 27 (22 April 2010) SAFLII <http://www.saflii.org/za/cases/ZAECGHC/2010/27.html> (accessed 13-06-2012), which was a ... -
Thinking two worlds into one : the "distribution of the sensible" and women's renegotiation
(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, ... -
Toward an equality-promoting interpretation of socio-economic rights in South Africa : insights from the egalitarian liberal tradition
(Juta Law, 2015-01)Theorists within the egalitarian liberal tradition have grappled with the question of how to achieve an alignment between the attribution of equal worth and citizenship to each person and the distribution of material ... -
Transformative constitutionalism in a democratic developmental state
(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. ... -
Transformative legal education
(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 ... -
Voluntary informed consent and good clinical practice for clinical research in South Africa : ethical and legal perspectives
(Health and Medical Publishing Group (HMPG), 2012-09)Most differences, shortcomings and contradictions regarding voluntary informed consent for participation in clinical research relate to the South African-specific guidance documents, i.e. South African Guidelines for ... -
Worse than losing a government tender : winning it
(Juta Law, 2008)In Steenkamp NO v Provincial Tender Board, Eastern Cape 2007 3 SA 121 (CC) the Constitutional Court held that an organ of state was not liable in delict for a successful tenderer's out-of-pocket losses following the setting ...
