Browsing Research Articles (Faculty of Law) by Subject "Constitutionalism"
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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' ... -
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ...