Author
Now showing items 1-14 of 14
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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 ... -
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. ... -
Dignity, freedom and the post-apartheid legal order : the critical jurisprudence of Laurie Ackermann by A.J. Barnard-Naudé, D. Cornell and F. du Bois (eds.) : book review
(Juta and Company Pty, 2010-01)This collection of essays had its origin in a conference that was held at the University of Cape Town in July 2007 to pay tribute to the constitutional jurisprudence of Laurie Ackermann. It contains the ... -
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 ... -
Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society
(Faculty of Law, University of the Western Cape, 2017)In this article, I argue that the impoverished conception of freedom of assembly displayed in legislation and case law, and its neglect in academic literature, has to do with a set of dominant understandings of democracy. ... -
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 ... -
Human dignity in comparative perspective
(Juta Law Publishing, 2009-02)This article compares the role of human dignity in constitutional interpretation in Germany and South Africa. Both countries have embraced dignity as a direct response to a troubled and totalitarian past. Nowadays dignity ... -
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 ... -
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, ... -
Representing the poor: Law, poverty and democracy
(JUTA, 2011)ENGLISH ABSTRACT : The article juxtaposes two judicial understandings of democracy in relation to their implications for the poor. Some constitutional judgments conceive of democracy in formal terms as the capacity of duly ... -
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 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 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 ... -
The selfless constitution : experimentalism and flourishing as foundations of South Africa's basic law, S. Woolman : book review
(Juta Law, 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 ...
