Faculty of Law: Recent submissions
Now showing items 81-100 of 909
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The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Stellenbosch Law Review, 1997)All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality has resulted ... -
Addressing wrongful convictions or miscarriages of justice in the BRICS nations
(University of Tyumen, 2022)For many decades, international human rights law has recognised the danger of wrongful convictions and miscarriages of justice. It is against this background that measures have been taken to prevent or combat wrongful ... -
Climate adaptation planning for resilient and sustainable cities: Perspectives from the City of Rotterdam (Netherlands) and the City of Antwerp (Belgium)
(Cambridge University Press, 2022)Climate adaptation planning in pursuit of resilient and sustainable societies has become a focal point in urban policy. Climate adaptation planning is generally regarded as separate from traditional urban planning ... -
The trial of civilians before courts martial in Uganda: Analysing the jurisprudence of Ugandan courts in the light of the drafting history of articles 129(1)(d) and 120(a) of the constitution
(Academy of Science of South Africa, 2022)Unlike in the constitutions of other African countries such as Botswana and Lesotho, where the relationship between the High Court and courts martial is stipulated, the Ugandan Constitution 1995 (the Constitution) does ... -
Addressing climate change through international human rights law: From (extra) territoriality to common concern of humankind
(Cambridge University Press, 2022)International human rights law (IHRL) offers potential responses to the consequences of climate change. However, the focus of IHRL on territorial jurisdiction and the causation-based allocation of obligations does not ... -
Parental Care and the Best Interest of the Child in Muslim Countries
(T.M.C. Asser Press The Hague, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and ... -
Dissolution of a muslim marriage by divorce
(Juta, 2014)Although Muslims first arrived in South Africa more than 350 years ago and two decades have passed since the advent of democracy, their religious marriages are currently not formally recognized in terms of the (common) ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) recognized ... -
A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implication for the Muslim woman
(The University of the Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
Federalism under pressure: Federal ‘health’ factors and ‘co-morbidities’
(Routledge, 2021)The Covid-19 pandemic has been a ‘focusing event’ (Béland et al. 2020) for federalism like no other, placing it under the microscope and giving rise to the three questions set out in the introduction of this book. Each ... -
Controlling public health emergencies in federal systems
(Routledge, 2021)It was merely a day after the World Health Organization (WHO) declared the coronavirus disease (Covid-19) a global pandemic that Ethiopia recorded its first case of infection. On 12 March 2020, a week after entering the ... -
Introduction: How federations combat Covid-19
(Routledge, 2021)On 31 December 2019, the first cases of the coronavirus, Covid-19, were identified in Wuhan City, China. Its dramatic rate of transmission and deadly effects soon led to the city’s shutdown, but not before it took wing ... -
South Africa: Surfing towards centralisation on the Covid-19 wave
(Routledge, 2021)When the Covid-19 pandemic reached its shores between February and March 2020, South Africa was already in a vulnerable situation – socially, economically, and politically. Although the country’s population, estimated ... -
Strengthening financial integrity in Nigeria: the national identification harmonization project
(Emerald Publishing Limited, 2022)Purpose – Nigeria needs to improve its national identification coverage to support improved anti-money laundering and combating of financing of terrorism and proliferation (AML/CFT) measures. This study aims to examine its ... -
Shari'a in South Africa
(Aboriginal Law Bulletin, 1995)Muslim Personal Law (MPL) is often practised to the detriment of Muslim women in many countries. The Qur'an is a religious text considered by Muslims to be the literal word of God. It is a primary source of Islamic law and ... -
South Africa
(ASSER Press, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and maintenance ... -
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 ... -
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 ... -
Serbia the case of 'missing babies' in Serbia before the European court of human rights
(Cambridge Core, 2019)In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any ... -
Second chamber as a site of legislative intergovernmental relations: An African federation in comparative perspective
(Routledge, 2021)South Africa, a country that does not recognize itself as a federation, has established a second chamber that is probably ideal for legislative intergovernmental relations. The National Council of Provinces is ...