Search
Now showing items 191-200 of 238
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 ...
Basic rights claims How responsive is ‘reasonableness review’?
(ESR Review, 2004)
South Africa’s 1996 Constitution (the Constitution) is widely renowned for its holistic, inclusive Bill of Rights. A particular innovation is its inclusion of a wide range of fully justiciable socio-economic rights. There ...
Unfunded mandates: Directing subnational governments
(Deutsche Förschungsinstitut fur Öffentlichen Verwaltung, 2012)
Unfounded mandates are an extreme manifestation of the phenomenon of governing from the centre; the federal government through various strategies imposes national mandates on state and local governments at the expense of ...
The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?
(Queens University, Belfast School of Law, 2011)
Article 40 of the United Nations Convention on the Rights of the Child1 requires states parties to take
appropriate measures to ensure that children accused of committing offences are treated in a manner that
would ensure ...
Demarcating provincial and local powers regarding liquor retail
(Unisa Press, 2004)
Local government’s newly acquired status as a fully-fledged sphere of
government with constitutionally protected powers is slowly gaining momentum.
Now that the dust is slowly settling around the demarcation and ...
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, ...
Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)
Organised crime2 is one of the main challenges that governments and intergovernmental
organisations3 are grappling with. Its history, consequences and different forms in South
Africa are well documented4 and fall outside ...
Freedom of religion and minority rights in South Africa
(MPDI, 2021)
The South African Constitution contains an extensive list of rights, several of which are
relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious
minority group in South Africa. ...
Driven Out of Paradise: Illicit Financial Flows and Offshore Leaks
(University of the Western Cape, 2018)
Illicit financial flows and recent offshore leaks constitute the topic of this article. As
regards illicit financial flows, the focus is on two countries: Switzerland as an
example of a country from the North, and South ...
Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?
(University of the Western Cape, 2018)
The Protected Disclosures Act 26 of 2000 provides protection for individuals who
blow the whistle on corrupt activities in South Africa. The Protected Disclosures
Amendment Act 5 of 2017 widens the scope of the original ...