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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 ...
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 ...
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 ...
The role of sub-regional courts in the African human rights system
(Conectas Human Rights, 2010-12)
The development of sub-regional communities in Africa is not a new phenomenon, but
the incorporation of human rights into their agenda is relatively new. In effect, REC courts
have introduced a new layer of supra national ...
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 ...
Revisiting Plato’s Pharmacy
(Springer, 2010)
In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number ...
Rethinking power and law: Foucault’s Society must be Defended
(Springer, 2011)
Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be ...
Imperfect transition – local government reform in South Africa 1994-2012
(SUN Press, 2012)
Local government is a mirror of the larger political and economic forces, cleavages and
problems that are shaping South African society. It is these deeper fault lines in society,
rather than the Zuma government’s ...
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, ...