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Now showing items 1235-1254 of 7879
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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 ... -
The constitutional conversation between the federal structure and a bill of rights
(Institute of Federalism, University of Fribourg, 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 ... -
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(University of Toronto Press, 2017)“The supremacy of the constitution and the rule of law” are two foundational values of South Africa’s 1996 Constitution (s. 1(c)). An independent judiciary is thus set to play a major role in interpreting and enforcing ... -
Constitutional Court shows DFA the door
(Community Law Centre, University of the Western Cape, 2010)In October 2009, the Supreme Court of Appeal (SCA) declared parts of the Development Facilitation Act (DFA) unconstitutional. The Gauteng Development Tribunal was making land use management decisions and bypassing municipal ... -
The constitutional family in the Law of Succession
(Juta Law, 2009)This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ... -
The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution
(Oxford University Press, 2003)The article reviews the process of liberalization of child and family law that has occurred since the adoption of South Africa's 1996 Constitution. Although the Constitution does not expressly protect the right to family ... -
The Constitutional Protection of Those Facing Eviction from “Bad Buildings”
(ESR Review : Economic and Social Rights in South Africa, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad-buildings” in the inner city of Johannesburg as well as other poor people facing ... -
The constitutional protection of those facing eviction from “bad buildings”
(ESR Review, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad buildings” in the inner city of Johannesburg as well as other poor people facing ... -
Constitutionalising socio-economic rights in SADC: An impact assessment on judicial enforcement in South Africa, Zimbabwe, Botswana, Lesotho and Zambia
(Nelson R Mandela School of Law, 2020)This paper assesses the manner in which socio-economic rights have been incorporated into the constitutions of selected countries in the Southern African Development Community. This debate is particularly important ... -
Constitutionalism and electoral authoritarianism in Ethiopia: From EPRDF to EPP
(Oxford University, 2020)Ethiopia has had little experience of democratic political systems. For centuries it was a monarchy, ruled by successive emperors who traced their political authority to divine sources as opposed to the people.1 Although ... -
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, ... -
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ... -
The constitution’s mandate for transformation From ‘expropriation without compensation’ to ‘equitable access to land’
(Cambridge University Press, 2024)Expropriation without compensation’ (EWC) is a politically potent and simultaneously ambiguous term. It is politically potent not despite but precisely because of its ambiguity, in that it signals a radical departure from ... -
Constraining primordial non-Gaussianity by combining next-generation galaxy and 21 cm intensity mapping surveys
(Institute for Ionics, 2023)Surveys of the matter distribution contain ‘fossil’ information on possible non-Gaussianity that is generated in the primordial universe. This primordial signal survives only on the largest scales where cosmic variance ... -
Constraining primordial non-gaussianity by combining next-generation galaxy and 21 cm intensity mapping surveys
(SpringerOpen, 2023)Surveys of the matter distribution contain ‘fossil’ information on possible non-Gaussianity that is generated in the primordialUniverse. This primordial signal survives only on the largest scales where cosmic variance ... -
Constraining the astrophysics and cosmology from 21 cm tomography using deep learning with the SKA
(Oxford University Press, 2020)Future Square Kilometre Array (SKA) surveys are expected to generate huge data sets of 21 cm maps on cosmological scales from the Epoch of Reionization. We assess the viability of exploiting machine learning techniques, ... -
Constraining the bright-end of the UV luminosity function for z ~ 7-9 galaxies: results from CANDELS/GOODS-South
(OUP, 2013)The recent Hubble Space Telescope near-infrared imaging with the Wide-Field Camera #3 (WFC3) of the GOODS-South field in the CANDELS program covering nearly 100 arcmin2, along with already existing Advanced Camera for ... -
Constraining the growth rate by combining multiple future surveys
(IOP Publishing, 2020)The growth rate of large-scale structure provides a powerful consistency test of the standard cosmological model and a probe of possible deviations from general relativity. We use a Fisher analysis to forecast constraints ... -
Constraining the intergalactic medium at z ≈ 9.1 using LOFAR Epoch of Reionization observations
(Advance access publications, 2020)We derive constraints on the thermal and ionization states of the intergalactic medium (IGM) at redshift ≈ 9.1 using new upper limits on the 21-cm power spectrum measured by the LOFAR radio telescope and a prior on the ... -
Constraining the neutrino mass using a multitracer combination of two galaxy surveys and cosmic microwave background lensing
(Oxford University Press, 2022)Measuring the total neutrino mass is one of the most exciting opportunities available with next-generation cosmological data sets. We study the possibility of detecting the total neutrino mass using large-scale clustering ...