Browsing Research Articles (Faculty of Law) by Subject "Bill of Rights"
Now showing items 1-6 of 6
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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' ... -
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. ... -
Marriage under African customary law in the face of the Bill of Rights and international human rights standards in Malawi
(Pretoria University Law Press (PULP), 2010)Contracting a marriage under African customary law in Malawi poses difficulties and challenges in the light of the Bill of Rights and international human rights standards. There are bound to be conflicts which, seen from ... -
Muslim Personal Law (MPL) in review”
(Centre for Contemporary Islam UCT, 1999)Both the interim (1993) and final (1996) South African Constitutions now not only guarantee freedom of religion and belief but also makes provision within the Bill of Rights that legislation can be provided by the state ... -
Shari'a in South Africa
(Aboriginal Law Bulletin, 1995)Muslim Personal Law (MPL) is often practised to the detriment of Muslim women in many countries. The Qur'an is a religious text considered by Muslims to be the literal word of God. It is a primary source of Islamic law and ... -
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ...