Search
Now showing items 91-100 of 100
The role of sub-regional courts in the African human rights system
(Conectas Human Rights, 2010-12)
The development of sub-regional communities in Africa is not a new phenomenon, but
the incorporation of human rights into their agenda is relatively new. In effect, REC courts
have introduced a new layer of supra national ...
The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?
(Queens University, Belfast School of Law, 2011)
Article 40 of the United Nations Convention on the Rights of the Child1 requires states parties to take
appropriate measures to ensure that children accused of committing offences are treated in a manner that
would ensure ...
Revisiting Plato’s Pharmacy
(Springer, 2010)
In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number ...
Rethinking power and law: Foucault’s Society must be Defended
(Springer, 2011)
Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be ...
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, ...
Insulating administrative decision-making relating to individual staff appointments from political meddling: Manana v King Sabata Dalindyebo Municipality
(Juta Law, 2012)
Introduction: The Local Government: Municipal Systems Act 32 of 2000 (hereafter 'the Municipal Systems Act') provides that the municipal manager is responsible for the appointment of staff, other than managers that report ...
A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
(University of the Western Cape, 2012)
This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional ...
Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)
Organised crime2 is one of the main challenges that governments and intergovernmental
organisations3 are grappling with. Its history, consequences and different forms in South
Africa are well documented4 and fall outside ...
Faskh (divorce) and intestate succession in Islamic and South African law: impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill
(Juta&Company, 2014)
This article deals with intestate succession against the background of the complex Islamic legal aspects of faskh and talaq as forms of divorce. It elaborates on the divergent views held by Islamic scholars and explains ...
Legal pluralism and the right to family life and the transfer of offenders who are nationals of African countries, within Africa to Africa
(Routledge Taylor Francis Group, 2013)
Globalisation has been accompanied by, inter alia, the movement of people from
their countries of nationality or citizenship to other countries in search of better
opportunities. Some of these people have been convicted ...