Browsing Faculty of Law by Title
Now showing items 851-870 of 903
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Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(Academy of Science of South Africa, 2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were ... -
'Unconscionable and irrational': SAPS human resource allocation. South African Crime
(Institute for Security Studies (ISS), 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ... -
Unconscionable and irrational: SAPS human resource allocation
(South African Crime Quarterly, 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ... -
Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ... -
Understanding Oscar’s sentence: Sentencing under Section 276(1)(i) of the Criminal Procedure Act
(Dullah Omar Institute, 2015)The recent announcement of the imminent, and subsequently suspended, release on correctional supervision of Oscar Pistorius has attracted significant media attention. For many his possible release is confusing as he was ... -
Understanding ‘emergency monetary relief’ in the Domestic Violence Act
(Law Society of South Africa, 2020)Domestic violence is a brutal onslaught against constitutional values and the fundamental right to freedom and security of the person. In S v Baloyi (Minister of Justice and Another Intervening) 2000 (2) SA 425 (CC), Sachs ... -
Unfunded mandates: Directing subnational governments
(Deutsche Förschungsinstitut fur Öffentlichen Verwaltung, 2012)Unfounded mandates are an extreme manifestation of the phenomenon of governing from the centre; the federal government through various strategies imposes national mandates on state and local governments at the expense of ... -
Universal access to social security rights: can a basic income grant meet the challenge?
(ESR Review, 2002)Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ... -
Universal jurisdiction and South Africa's perspective on the investigation of international crimes
(South African Law Journal, 2014)Universal jurisdiction is an important yet contentious jurisdictional principle in international law, despite more than 100 states worldwide having universal jurisdiction legislation (Amnesty International Universal ... -
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance
(2013)Uiteensetting van "toenemende verwesenliking", die verband met hulpbronne, kernminimum en redelikheid, en sekere metodologiese oorwegings om nakoming te toets "Toenemende verwesenliking" is een van die beperkings waaraan ... -
The unresolved ethnic question in Uganda’s district councils
(Law, Democracy & Development, 2015)This article examines the legal and constitutional framework for the election of district councils in Uganda because the design and practice of elections in Uganda has an impact on Uganda’s ability to follow through on the ... -
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ... -
Using international human rights law to promote constitutional rights: The (potential) role of the South African parliament
(Law, Democracy & Development, 2011)Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate ... -
The value of human dignity in interpreting socio-economic rights
(South African Journal on Human Rights, 2005)There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ... -
Veiled intent or advancing children’s right to education? The legality of payments for extra lessons in Zimbabwe’s education system
(University of the Western Cape, 2022)Extra lessons in Zimbabwe were initially designed by the Ministry of Primary and Secondary Education to assist learners with lagging aspects of their formal school learning areas. However, in the past few years, extra ... -
Vergoedingsboetes in strafregtelike verrigtinge - ʼn vars perspektief
(Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
Verso un mercato del lavoro di cura: questioni giuridiche e nodi istituzionali
(ADAPT University Press, 2022)Personal care has traditionally been a responsibility placed, in our country, on the family dimension, penalizing women who have always supported the burden of this work inside and outside the home. An undervalued, ... -
The viability of lifestyle audits as an emerging anticorruption tool in the public sector: Concepts, essentials and prospects
(University of Western Cape, 2020)Lifestyle audits are viable tools in the fight against corruption. Unfortunately, they have not been sufficiently developed or adopted despite their effectiveness in combatting corruption. For long, countries have deployed ... -
Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court
(Brill Academic Publishers, 2017)The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection ... -
Victim participation in the criminal justice system in the European Union through private prosecutions: Issues emerging from the jurisprudence of the European Court of Human Rights
(Brill Academic Publishers, 2016)Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen ...