Browsing Research Articles (Public Law) by Title
Now showing items 73-83 of 83
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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, ... -
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 ... -
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 ... -
Towards designing a validated framework for improved clinical legal education : empirical research on student and alumni feedback
(North-West University, Faculty of Law, 2020-12-08)The pedagogical advantages of employing a Clinical Legal Education (“CLE”) teaching and learning strategy have been acclaimed in literature for almost a century and it continues to be ideally suited to cater to modern ... -
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 ... -
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. -
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 ...
