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Now showing items 11-20 of 63
Derrida and legal scholarship: A certain step beyond
(Springer, 2009)
A book review of 'Derrida and Legal Philosophy' edited by Peter Goodrich, Florian Hoffmann, Michel Rosenfeld, Cornelia Vismann, published by Palgrave Macmillan (Basingstoke, Hampshire/New York), 2008, ISBN-13: 978-0-230-57361-1.
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' ...
Collective bargaining and worker participation
(Juta Law, 2000)
Introduction: The relationship between collective bargaining and worker participation has two main aspects - • the interaction between collective bargaining as a process (at workplace; sectoral and subsectoral level) and ...
Developmental local government in South Africa: institutional fault lines
(UTS Centre for Local Government, 2009)
This paper provides a brief introduction to the recent history of, as well as the
legal and policy framework for, local government in South Africa. It discusses the
transformation of local government from a racially ...
A dutiful child: the implications of Article 31 of the African Children's Charter
(Cambridge University Press, 2008)
Each right
has a corresponding duty. The African Children's Charter, under article
31,
imposes
a range of duties on children. Understandably, it could become
contentious
when
an
instrument
on
the
rights
and
...
Business restructuring and operational requirements dismissals: Algorax and beyond
(Juta Law, 2005)
Introduction:This article revisits a vexed and much-debated question: when is it 'fair' for an employer, in the course of restructuring its business, to dismiss an employee for declining to accept changes in her or his ...
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)
(Juta Law, 2002)
Introduction:Thomas Auf der Heyde responded to an advertisement for a position of senior lecturer in chemistry at the University of Cape Town (UCT), the duration of which was 'initially for three years with a possible ...
Rethinking the notion of a 'higher law': Heidegger and Derrida on the Anaximander fragment
(Springer, 2009)
The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing ...
Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)
The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was
recently extended for another two years. At the time, the aim was to reduce serious and violent crime,
achieve consistency ...
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 ...