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 ...
Management Buy-Outs occur when the managers of a company buy the
company from its owners, namely the shareholders. Where such a
company is a listed public company, the transaction is known as "going
private. 11 The ...
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 bulk of the matrimonial property regimes operating in Botswana
were inherited from the country's colonial past. Since independence
there ha'> not been any realistic attempt to reform them. The thesis set
out to ...
In the recent decision in Kellerman v South African Transport Services 1993 4 SA
872 (C) a claim for the loss of the use of a thing not utilised in the production of
income was apparently allowed for the first time in ...
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 ...
Die penologiese perspektief rakende die ontwikkeling/
doel en funksionering van leke-assessore is die onderwerp van hierdie verhandeling.
Leke-deelname in die regsplegingstelsel kan terug gevoer word na 1657. ...
The study explores the beliefs and wishes of respondents in Pretoria concerning crime seriousness and criminal sentencing in South Africa. It is suggested that in a democracy, the legal system must reflect the values of ...
The statutory definition of the lock-out encompasses
certain acts (inter alia termination of contracts of
employment) which must be executed by the employer
with a certain purpose.
The Appellate Division has recently ...
In hierdie ondersoek word gepoog om 'n regswetenskaplike basis vir "Die
Verslag van die Maatskaplike Werker ingevolge artikels 14(4) en 15(1) van die Wet op Kindersorg as 'n Juridies Gefundeerde Hulpmiddel vir die Kinderhof' ...
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 paper is an attempt to deal with the non-transferable cheque. Three
questions have been addressed:
(a) Whether sections 58, 79 and 83 apply to non-transferable cheques;
(b) whether the non-transferability of a cheque ...
This study researches the Islamic Penal System within a penological perspective. The philosophy underlying this Penal System is that every person is responsible and thus punishable for his criminal actions. Punishment could ...
Drug policy and the treatment of drug offenders' is an area that receives much attention worldwide. Because of the authorities' apparent inability to deal with this form of crime, it has universally been deemed necessary ...
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 ...
A multidimensional approach, using individual, social structural and process and system theories, is applied to examine the role of drugs in child abuse within the dysfunctional family system. By means of a
saturation ...
In the light of a more punitive stance in Corrections and public
discontent with the criminal justice system, a number of studies have
been conducted since 1970 testing public punitiveness, probably in an
attempt to ...
As the only internationally sanctioned means by which a fugitive offender may be returned from one state to another, extradition as public international law process has received surprisingly little attention in South African ...