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Now showing items 11-20 of 46
From archaic to modern law: Uganda's Refugees Act 2006 and her international obligations
(The Human Rights and Peace Center (HURIPEC), 2008)
Uganda enacted its first law to deal with refugees in 1955, which was
repealed in 1960 by the Control of Alien Refugees Act. While the 1960 law
was still in force, Uganda ratified international and regional human ...
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)
This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ...
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)
In September 2013 in the case of Divito v Canada (Public Safety and Emergency
Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of
the Canadian Charter of Rights and Freedoms, the ...
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
(The Human Rights and Peace Center (HURIPEC), 2011)
Article 22(1) of 1995 Constitution of Uganda protects the right to life and
provides that it can only be taken away in the ‘execution of a sentence passed
in a fair trial by a court of competent jurisdiction in respect ...
All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice
(North-West University, 2013)
The name of Evgeny Pashukanis, the Bolshevik jurisprudent, is linked umbilically to the so-called commodity form theory of law. In his Law and Marxism Pashukanis develops a general theory of law which turns upon the ...
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)
For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ...
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
(University of Fort Hare, 2013)
The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ...
The constitutional family in the Law of Succession
(Juta Law, 2009)
This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ...
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)
When the death penalty was declared unconstitutional in South Africa,
the government enacted the Criminal Law Amendment Act in 1997 which,
amongst other things, stipulated that a person convicted of some of the
scheduled ...
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)
In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ...