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The limits of democratic governance in South Africa, by Louis A. Picard and Thomas Mogale
(Oxford University Press, 2015)
The title of the book by Louis A. Picard and Thomas Mogale is a bit of a misnomer. The book is not about democratic governance in South Africa in general—across the three spheres of government— but about democracy at the ...
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)
The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ...
The constitutional conversation between the federal structure and a bill of rights
(Community Law Centre, University of the Western Cape, 2015-01)
It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ...
They keep saying, ‘My President, my Emperor, and my All’: Exploring the antidote to the perpetual threat on constitutionalism in Malawi
(Community Law Centre, University of the Western Cape, 2013)
Constitutionalism is the liberal democratic value that aims at having a constitutional government whose powers are capable of being effectively limited. A country’s constitution plays the major role in ensuring constitutionalism ...
Constitution-Building in Africa
(Community Law Centre, University of the Western Cape, 2015)
The process towards the adoption of a constitution is determined by the
context in which the constitution is written. It navigates such issues as political
engagement, keeping politically agreed timelines, ensuring the ...
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)
The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ...
Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another
(Pretoria University Law Press (PULP), 2015)
Unlike countries such as the United Kingdom, Kenya, Zimbabwe and Australia, in South Africa companies and associations are not permitted to institute private prosecutions although natural persons have a right to institute ...
The 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
(Pretoria University Law Press (PULP), 2013)
The prominent use of international human rights law in a state’s domestic
legal system depends on the hierarchical place occupied by international
law in general, and international human rights law in particular, among
the ...
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)
The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ...