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Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)
‘We ought to give those who are to leave life … the terminally ill … the
same care and attention that we give those who enter life – the new-born.’1
In this article it is contended that terminally ill inmates have a right ...
Deconstructing the Leviathan: Derrida’s The Beast and the Sovereign
(Multidisciplinary Digital Publishing Institute (MDPI), 2012)
Derrida’s The Beast & the Sovereign volume I, explores the contradictory appearance of animals in political discourse. Sometimes, as he points out, political man and the sovereign state appear in the form of an animal, and ...
Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?
(Juta, 2012)
The regulation of unworthiness to inherit in Book 4 of the (new) Dutch Civil Code (2003) occasioned
numerous interpretation and application challenges to Dutch courts, notaries and inheritance scholars.
These challenges ...
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
(University of the Western Cape, 2012)
This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety.
Constitutionalism, public policy and discriminatory testamentary bequests - a good fit between common law and civil law in South Africa's mixed jurisdiction
(Tulane European & Civil Law Forum, 2012)
This article investigates South African courts' treatment of discriminatory testamentary bequests in the pre- and post-constitutional eras. It shows a change in judicial attitude towards such bequests from an accommodating, ...
Federalism, territorial autonomy and the management of ethnic diversity in Africa: reading the balance sheet
(Centre International de Formation Européenne, 2012)
The history of federalism in Africa is a history of ambivalence. In the run up to independence, federalism was an idea that galvanized several political movements that, following the retreat of colonial powers, emerged to ...
Insulating administrative decision-making relating to individual staff appointments from political meddling: Manana v King Sabata Dalindyebo Municipality
(Juta Law, 2012)
Introduction: The Local Government: Municipal Systems Act 32 of 2000 (hereafter 'the Municipal Systems Act') provides that the municipal manager is responsible for the appointment of staff, other than managers that report ...
A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
(University of the Western Cape, 2012)
This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional ...
Africa and the International Criminal Court
(Human Rights and Peace Centre, 2012)
Since the establishment and functioning of the ICC in 2002, the work of the
ICC has generated a lot of debate, criticisms and controversy. This is largely
due to the perception that, as far as the prosecution of cases ...
Substantive equality and maternal mortality in Nigeria
(Routledge and the Commission on Legal Pluralism, 2012)
Introduction: It is a tragedy that in the 21st century, when man has explored the moon and other planets and made significant advancement in science and technology, women should continue to die during pregnancy and childbirth. ...