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Now showing items 331-340 of 395
The enforceability of incorporated term in electronic agreements
(University of Fort Hare, 2013)
This article seeks to evaluate the validity of different methods of incorporating terms into
electronic agreements, and to what extent the use of these different methods may influence the enforceability of the incorporated ...
Are the rights of children paramount in prison legislation?
(Juta Law, 2013)
The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ...
Ethnic federalism and internal minorities: the legal protection of internal minorities in Ethiopia
(Edinburgh University Press, 2013)
Not a single federal arrangement has been successful in demarcating the territorial
matrix of the federation into separate ethnically defined territorial units. The
decade-old federal experiment in Ethiopia is no exception ...
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 ...
Yet another missed opportunity to develop the Common Law of Contract? An analysis of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd [2011]ZACC 30
(Nelson R Mandela School of Law, 2013)
Courts are under a general obligation to develop common law by applying constitutional values as mandated by sections 8(3), 39(2) and 173 of the Constitution. There have been attempts by part of the judiciary and calls ...
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)
This article discusses the safeguarding movement in the context of child
protection. After providing it’s key principles and precepts, the relevant provisions of the
African Charter on the Rights and Welfare of the Child ...
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)
It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ...
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)
Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ...
The four-year undergraduate LLB: where to from here?
(Nelson Mandela Metropolitan University, 2013)
Fifteen years have passed since the four-year undergraduate Baccalaureus
Legum (“LLB”) degree was first introduced in 1998. This degree was
introduced by the Qualification of Legal Practitioners Amendment Act 78 of
1997 ...
Institutional subsidiarity in the South African constitution
(Juta Law, 2010)
This article attempted to clarify the role played by section 156(4) of the Constitution by tracing some of the origins and manifestations of the principle of subsidiarity, on which this provision is modelled. It was argued ...