Browsing Faculty of Law by Title
Now showing items 50-69 of 912
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Animal, Subject, Constitution. Mosaic: an interdisciplinary critical journal
(Johns Hopkins University, 2021)Subjectivity and a civil constitution, according to Kant, are both made possible by a certain power or ability, which the human being has in comparison with animals. This essay examines Derrida's reading of Kant's Anthropology ... -
The application of socio-economic rights to private law
(Journal of South African Law, 2008)The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ... -
Application of the Islamic Law of Succession in South Africa
(Researchgate, 2020-10)Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required ... -
Applying the Gordon & Ford categorisation and the routine activities theory to cybercrime: a suitable target
(IIMC International Information Management Corporation, 2017)This article speaks to the societal implications of technology by discussing the problems presented by cybercrime. It identifies a twofold problem. The first is that the proliferation of cybercrime is outstripping the ... -
The appointment and dismissal of the NDPP: Instability since 1998
(Dullah Omar Institute, 2018)The position of National Director of Public Prosecutions (NDPP) has emerged since 1998 as one of the most unstable positions in government. This can to a large degree t be ascribed to how appointments and dismissals are ... -
An appraisal of international law mechanisms for litigating socio-economic rights, with a particular focus on the optional protocol to the international covenant on economic, social and cultural rights and the African Commission and Court
(Stellenbosch Law Review, 2011)Litigation of socio-economic rights at international level is a viable option where access to justice at the national level is unattainable. International law mechanisms for litigating these rights are therefore useful for ... -
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013)In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. ... -
Appropriate, just and equitable relief' in socio-economic rights litigation : the tension between corrective and distributive forms of justice
(South African Law Journal, 2008)This article makes the point that one cannot understand fully the nature of the remedies granted by the Constitutional Court in socio-economic rights litigation unless their theoretical basis as defined by the notions of ... -
The Arab Spring – A brief view of Morocco’s February 20 movement and effects
(International Journal of Arts Humanities and Social Sciences Studies, 2020): Since 2011, Morocco has been engaged in a series of political, constitutional and institutional reforms, including a wider respect for human rights. The debates and changes can be attributed to the unprecedented organised ... -
Arbeidsreg in 'n maatskaplike verband
(Juta Law, 1995)Introduction: 'n Regsteksboek is nie bloot 'n uiteensetting van regs reels nie. Dit is, in die eerste plek, 'n seleksie van bespreekingspunte en, terselfdetyd, 'n evaluasie van die selekteerde gegewens wat uitgaan van 'n ... -
Arbitration and corruption: A toolkit for arbitrators
(University of the Western Cape, 2021)In international commercial or investment arbitration proceedings, the appointed arbitral tribunal may suspect or one of the parties may allege that corruption, especially in the form of foreign public bribery, has ... -
Are the rights of children paramount in prison legislation?
(Juta Law, 2013)The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ... -
Are ward committees working? Insights from six case studies
(Community Law Centre, University of the Western Cape, 2009)The research presented in this book sets out to offer a deeper and more nuanced understanding of the functioning and value of ward committees. In-depth qualitative studies of six ward committees are described. They provide ... -
An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ... -
Arrested in Africa: An Exploration of the Issues
(Dullah Omar Institute, 2015)Recent research and advocacy efforts have drawn attention to the excessive use of and prolonged pre-trial detention in Africa. At any given moment there are roughly 1 million people in Africa’s prisons. Far more move ... -
Aspects of Dutch Colonial family law related to the Indonesian Rajah of Tambora's exile at the Cape
(Cambridge University Press, 2020)'As far as family law is concerned, we in South Africa have ... every kind of family ... This is the result of ... history ... Our families are suffused with history, as family law is suffused with history, culture, belief ... -
Aspects of Dutch colonial family law related to the Indonesian rajah of Tambora’s exile at the cape
(Intersentia, 2020)The Muslims who arrived at the Cape during the first period of Dutch colonisation in the seventeenth century hailed from different geographical locations, were of different cultural and ethnic backgrounds and, more ... -
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 ... -
Assessing the protection of older persons’ access to social services in South Africa during the Covid-19 pandemic
(Nelson R Mandela School of Law, 2021)One of the main justifications for the severe restrictions imposed on South Africans in the context of the COVID-19 pandemic is the need for the protection of older persons. Unfortunately, the dire scientific warnings ... -
An Assessment of the National Prosecuting Authority: A Controversial Past and Recommendations for the Future
(Dullah Omar Institute, 2017)The Constitution of South Africa provides for a single, independent national prosecution authority. The office of the National Prosecuting Authority (NPA) was formally established through the National Prosecuting Authority ...