Browsing Faculty of Law by Title
Now showing items 180-199 of 912
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Decentralisation and Constitutionalism in Africa: Concepts, Conflicts and Challenges
(Fourth Stellenbosch annual seminar on constitutionalism in Africa (SASCA), 2016-09-07)A central quest in post-Cold War Africa has been to bring the Leviathan – the untrammelled ruler – to heel through constitutionalism, and, to a lesser extent, also decentralisation. 1 The unbridled power of the imperial ... -
Decentralization in Africa and the resilience of traditional authorities: Evaluating Zimbabwe’s track record
(Regional and Federal Studies, 2015)This paper looks at one of the most important endogenous factors influencing the workings of decentralization in Zimbabwe. Successive waves of formal institutional change that took place during Zimbabwe’s colonial and ... -
Deconstructing the Leviathan: Derrida’s The Beast and the Sovereign
(Multidisciplinary Digital Publishing Institute (MDPI), 2012)Derrida’s The Beast & the Sovereign volume I, explores the contradictory appearance of animals in political discourse. Sometimes, as he points out, political man and the sovereign state appear in the form of an animal, and ... -
Deconstruction and law: Derrida, Levinas and Cornell
(University of Windsor, 2007)Drucilla Cornell’s book The Philosophy of the Limit has for a long time been an important reference point in attempting to understand the relation between deconstruction and law. This article examines some of the themes ... -
Decriminalising abortion in South Africa: implications for the unborn's right to life
(University of the Western Cape, 2016)The 1975 Abortion and Sterilisation Act (ASA) was the first statute to regulate abortion in South Africa. The ASA provided that abortion was illegal. Although the default legal position adopted by it appeared to be clearly ... -
Defining local government powers and functions
(Sabinet, 2007)The functional areas of provincial and local government competency are listed in Schedules 4 and 5 of the Constitution, with those appearing in part A of each schedule confined to provincial government and those in part B ... -
Delegation and directors' reliance on the performance of others – a companies act 2008 analysis in the light of international best practices
(North-West University, 2023)South Africa has included in the Companies Act 71 of 2008 (the Act), provisions dealing with directors' delegation and reliance on the performance of others for their (the directors') own performance. In keeping with their ... -
Deliberate delays in offering abortion to pregnant women with fetal anomalies after 24 weeks' gestation at a centre in South Africa
(Wiley, 2023)South Africa has an abortion law which codifies the broad themes of reproductiverights set out in the Constitution of South Africa, other laws and national guidelines.Certain wording of the conditions in the Choice Act for ... -
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ... -
Demarcating provincial and local powers regarding liquor retail
(Unisa Press, 2004)Local government’s newly acquired status as a fully-fledged sphere of government with constitutionally protected powers is slowly gaining momentum. Now that the dust is slowly settling around the demarcation and ... -
Democratic policing: A conceptual framework
(LDD - Law, Democracy & Development, 2021)Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner ... -
Democratising the employment relationship: a conceptual approach to labour law reform and its socio-economic implications
(Juta Law, 1993)Introduction: The constitutional debate in South Africa has place the related issues of democracy and increase production and redistribution of wealth centrally on the agenda. Democratisation of the employment relationship, ... -
Demystifying the Mahr found in Muslim marriages
(Without Prejudice, 2020)One of the most common characteristics of an Islamic marriage is that it commences with a proposal referred to as ijba or rishta. Although the observance of a formal proposal is not strictly a requirement found in traditional ... -
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ... -
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. -
Derrida's 'The Purveyor of Truth' and constitutional reading
(Springer, 2008)In this article the author explores Jacques Derrida’s reading in ‘The Purveyor of Truth’ of Edgar Allan Poe’s ‘The Purloined Letter’. In his essay, Derrida proposes a reading which differs markedly from the interpretation ... -
Derrida, the conditional and the unconditional
(Juta Law, 2007)In his recent book, Law and Sacrifice: Towards a Post-Apartheid Theory of Law, Johan van der Walt gives a clear exposition of the possible impact of inter alia Jacques Derrida's thinking on law. In this article, the book ... -
A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses
(Yozmot Heiliger Ltd, 2002)The issue of abortion has been the subject of much debate in the recent past in South Africa. Prior to 1996 abortion legislation was punitive and therefore one with which conservative Muslims could identify. Since 1996 the ... -
Desire and language in Derrida’s 'Force of Law'
(Franz Steiner Verlag, 2009)In this article, the author proposes a reading of 'Force of Law' from two angles: boundless desire and the ‘law’ of language. The author contends that an analysis from these perspectives casts new light on the notion of ... -
A developing dialogue – children’s rights, children’s law and economics: surveying experiences from Southern and Eastern African law reform processes
(Tilburg University Schoordijk Institute, 2008)Law reform in southern and eastern African countries to domesticate the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), to synthesize common, civil and ...