Browsing Researchers in Public Law and Jurisprudence by Issue Date
Now showing items 1-20 of 34
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The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution
(Oxford University Press, 2003)The article reviews the process of liberalization of child and family law that has occurred since the adoption of South Africa's 1996 Constitution. Although the Constitution does not expressly protect the right to family ... -
Too little? Too late? The implications of the Grootboom case for state responses to child-headed households
(University of the Western Cape, 2003)The article begins with an overview of the socio-economic context surrounding child-headed households and then discusses the constitutional obligations that rest on the state vis-a-vis children growing up in these settings. ... -
Race, class and restorative justice: achilles heel, glass ceiling or crowning glory
(Juta Law, 2004)This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group ... -
Policy and practice in South African prisons: an update
(University of the Western Cape, 2005)Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the ... -
Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS
(Brill Academic Publishers, 2005)The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, ... -
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007)INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ... -
A short history of time: charting the contribution of social development service delivery to enhance child justice 1996-2006
(University of Stellenbosch, 2007)By charting the contribution of social development service delivery to enhance child justice in South Africa from 1996 to 2006, this article argues that the contribution of the social development sector to child justice ... -
Surveying the research landscape to promote children's legal rights in an African context
(Juta Law, 2007)This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote ... -
(Illicit) transfer by De Gree
(University of Western Cape, 2007)The decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to ... -
South Africa, the arts and youth in conflict with the law
(Intellect, 2007)This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived ... -
Realising children's rights to legal representation and to be heard in judicial proceedings: an update
(Juta Law, 2008)South Africa still has some way to go towards ensuring that children's rights to legal representation and to be heard are fully implemented in relation to judicial proceedings affecting them. Nonetheless, some emerging ... -
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 ... -
2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
(Brill Academic Publishers, 2008)South Africa commenced transition to a constitutional democracy with the adoption of an interim constitution in 1994, followed by national elections based, for the fi rst time, on universal adult suffrage. A justiciable ... -
An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments
(Juta Law, 2008)During its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee ... -
Win some, lose some: the 10th ordinary session of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2008)The African Committee of Experts on the Rights and Welfare of the Child, the monitoring body of the African Charter on the Rights and Welfare of the Child, held its 10th ordinary session in October 2007. This discussion ... -
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 ... -
Seen and heard: new frontiers in child participation in family law proceedings in South Africa
(Nelson R Mandela School of Law, University of Fort Hare, 2009)This article examines the principle of child participation in a legal context, focusing first on the international and constitutional law framework, and thereafter on the principle as it has permeated the South African ... -
Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2009)The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the ... -
Relocation decisions: do culture, language and religion matter in the rainbow nation?
(Centre for Family Law and Practice, London Metropolitan University, 2010)This article turns to culture, language and religion as constitutional constructs in South Africa, in an attempt to clarify their importance generally. The position prior to the Children’s Act is discussed. The article ... -
Inter-country adoption from a Southern and Eastern African perspective
(Washington & Lee Law School, Virginia, 2010)This paper reviews recent developments pertinent to inter-country adoption in Southern and Eastern Africa. In particular, it focuses on the tripartite roles of governments, the judiciary and the international community, ...