The issue of the vertical /or horizontal operation of the Bill of Rights (chapter 3) is a controversial one. The interim constitution deals with this controversy in a subtle way by avoiding direct horizontal operation of ...
The Constitution stipulates that its value-commitments are to inform the
interpretation of statutes and the development of the common law and customary
law. Legislative construction and law-application generally are ...
The author explores the traditional approaches to interpretation in a constitutional democracy, with specific
emphasis on Bill of Rights interpretation. The approaches adopted by the court in India and Canada, are
briefly ...
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster ...
The legal nature of the bill of lading as a negotiable document of title has allowed it to provide
the basis of a system in which bankers provide credit for the financing of international sales
contracts on the strength ...
The needs of the free trade regime and governments' legitimate regulatory aims in
the area of public health protection conflict. Government health measures create
barriers to free trade and are thus disciplined by the ...
This study sets out to examine whether the "new'' provincial governments in South
Africa are in practice functioning as "quasi-federal" power bases. The study starts with
an appraisal of the core constitutional concepts ...
The purpose of the essay is to critically discuss and analyse the right to development as an
individual and a collective right, and or both at national as well as at the international level.
The main objective being to ...
Suid-Afrika is sedert 27 April 1994 'n materiele regstaat, wat deur beide uitdruklike en
'ongeskrewe' fundamentele waardes onderskraag word. Dit is juis hierdie fundamentele
waardes wat 'n blote formele konstitusie (as ...
This study evaluates the court's approach towards the interpretation of administrative justice
with specific reference to Roman v Williams 1997(2) SACR 754(C). Section 33 of the
Constitution Act 108 of 1996 guarantees ...
South African courts face a challenge in the application of intra and extra-texual aids in
constitutional interpretation. Given that the 1993 and 1996 Constitutions have brought
about a new era in the exercise of human ...
The study makes a descriptive and analytical study of the development of the dynamic
concept of the rule of law with special reference to the African contribution.
First, the study shows that the Diceyan concept of the ...
Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their
husbands and fathers as a result of the operation of the indigenous law rule of male
primogeniture, in terms of which an heir ...
This study makes the assumption that community participation in the governance of mineral
resources is a requirement of sustainable development and that through a fundamental
rights-based approach, it can be made effective. ...
This work is built on three pillars and seeks to contribute to the understanding
of the right to development (RtD) especially from the perspective of human rights
non-governmental organisations. First, the right to ...
During the 1990s Yugoslavia and Rwanda were swept by wars accompanied by serious violations of international humanitarian law. Grave and severe crimes wiped away lives and destroyed properties. The United Nations Security ...
One of the realities that developing countries like Nigeria have to face today is that national and international markets have become more and more interconnected through the global platform of telecommunications and the ...