Browsing Research Articles (Faculty of Law) by Subject "Constitutional court"
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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. ... -
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
(Pretoria University Law Press (PULP), 2009)On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ... -
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 ...