Browsing Research Articles (Faculty of Law) by Title
Now showing items 310-329 of 426
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Restoring the ‘historical deficit’: The exercise of the right to freedom of religion and culture in democratic South Africa
(Taylor & Francis, 2013)On 18 January 1960, LIFE magazine began a series of articles on democracy around the world. The newly independent nation of Ghana (1957) was featured in Part 1 and the cover photograph was of Augustus Molade Akiwumi, the ... -
Rethinking power and law: Foucault’s Society must be Defended
(Springer, 2011)Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be ... -
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 ... -
Rethinking the right to water in rural Limpopo
(Pretoria University Law Press, 2020)For decades Africa has been losing billions of dollars every year as a result of illicit financial flows. When export and import figures are tampered with this has the tendency to erode the tax base. It is common cause ... -
Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction
(CEDRED Publications, 2021)Various steps have been taken in both East and Southern Africa to combat the vice of moneylaundering. Notable steps are evident in Kenya as the business hub for East Africa. The era ofglobalisation has without a doubt led ... -
Revisiting Plato’s Pharmacy
(Springer, 2010)In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number ... -
Revisiting the normative framework of the African Commission on Human and Peoples’ Rights in the context of evidence obtained through human rights violations: Has it served its purpose?
(2018)This article examines the normative context of the African Commission on Human and Peoples’ Rights in dealing with evidence obtained through human rights violations, and whether it serves its purpose. It unpacks the concept ... -
The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child
(2021)The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations ... -
The right to health in respect of terminally ill persons in South Africa
(2014)It is probably true that „death is the great equalizer‟ amongst human beings and that some of its „cousins: illness, dementia, physical debility, and advance age‟2 can ensure a journey marked by severe pain and suffering ... -
The right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights
(Scielo South Africa, 2021)At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African ... -
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(Academy of Science of South Africa, 2016)Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ... -
The rise of corruption in Ethiopia: Is a lack of constitutionalism to blame?
(Oxford, 2020)In 2001, a political division arose within the Tigray People Liberation Front (TPLF)1 , arguably the core the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), the ruling party and a coalition of four ethnic-based ... -
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ... -
The role of misinvoicing in the money laundering cycle
(University of Western Cape, 2019)Traditionally, the emphasis of trade-based money laundering policy development has been directed towards financial transactions where the origin of capital is illegal, neglecting private sector companies utilising trade ... -
The role of questioning in writing tutorials: a critical approach to student-centered learning in peer tutorials in higher education
(Taylor & Francis, 2018)Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature ... -
The role of sub-regional courts in the African human rights system
(Conectas Human Rights, 2010-12)The development of sub-regional communities in Africa is not a new phenomenon, but the incorporation of human rights into their agenda is relatively new. In effect, REC courts have introduced a new layer of supra national ... -
The role of traditional leaders in Zimbabwe: are they still relevant?
(University of the Western Cape, 2016)As in many other parts of sub-Saharan Africa, the institution of traditional leadership has always been central to the governance of communities in Zimbabwe. Traditional authorities take various forms and shapes in many ... -
Roman-Dutch law in modern South African succession law
(Ars Aequi, 2014)Modern South African succession law adheres to many of the tenets of Roman-Dutch succession law, and present-day South African courts frequently invoke Roman-Dutch authority to address questions regarding contemporary ... -
The rule of law in Indian administrative law versus the principle of legality in south African administrative law: Some observations
(ASSAF, 2021)The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our ... -
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ...