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Browsing by Author "De Vos, Pierre"

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The application and reconstruction of international law by domestic courts : an analytical framework for the judicial mediation of a cosmopolitan and emancipatory international law

Author: Lewis, Lizani Date: 2013 The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future ... Read more
Attaining Justice through ‘Just and Equitable Compensation': A critique of South African courts' current approach to section 25(3) of The Constitution, and determining whether ‘Expropriation without Compensation' may be considered ‘Just and Equitable'

Author: Arend, Ayesha Date: 2020 The land debate regarding just and equitable compensation and the potential 'expropriation without compensation' amendment to section 25 of the Constitution of the Republic of South Africa1 has been a contentious issue in South Africa over ... Read more
The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far?

Author: Kohn, Lauren Manon Date: 2013 This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of ... Read more
Compassion and Corruption

Author: De Vos, Pierre Date: 18 Nov 2014 Reflections on the life of Nelson Mandela for a special issue of Transition this article asks whether the example of Nelson Mandela’s extraordinary ability to show understanding, compassion, and forgiveness - even to those who might have done ... Read more c b
Decriminalization of cannabis - high time to revisit Prince

Author: Kowalski, Kelly Maxine Date: 2016 Read more
An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise

Author: Mavedzenge, Justice Alfred Date: 2014 In recent years, many States particularly within the SADC and East Africa region have embarked on constitution making exercises as part of the democratization process. There is a strong emphasis that such constitution making processes must ... Read more
The infringement of prisoners' right to vote : an analysis of intentions and general principles in due consideration of recent judgements

Author: Seitz, Florian Date: 2012 The right to vote is the most important and often even the only possibility of citizens to participate in a democracy’s governance. Generally accepted democratic principles like the electoral equality and the objective to include all citizens ... Read more
Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?

Author: Mycroft, Michaela Date: 2019 Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges for minority groups such as those living with a disability. In the light of the ... Read more
‘The past is unpredictable’: South African history and the understanding of the constitution

Author: De Vos, Pierre Date: 29 Sep 2014 South Africa’s Constitution contains a list of rights protecting the interests of individuals. Formulated in an open-ended way, their scope and content are not always apparent. For example, section 9(3) prohibits ‘unfair discrimination’ on ... Read more c b n d
The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena: what can be learnt from the justiciability of socio-economic rights in South Africa?

Author: Galliker, Doris Date: 2010 The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new ... Read more
Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?

Author: Salau, Aaron Olaniyi Date: 2017 Section 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression, including the right to receive and impart information. Also, the domestication of the African Charter on Human and Peoples' Rights' makes the Charter's ... Read more
The role of municipalities in energy governance in South Africa

Author: Mosdell, Susan Carolyn Date: 2016 It is commonly known and acknowledged in contemporary times that the burning of coal and other fossil fuels has caused environmental harm on a global scale, especially global warming caused by emissions of carbon dioxide and other gases. ... Read more
Same-sex marriage, civil unions and domestic partnerships in South Africa: critical reflections on an ongoing saga

Author: De Vos, Pierre ; Barnard, Jaco Date: 2007 This article reflects critically on the various stages in the legal recognition of same-sex marriage in South Africa. The authors devote particular attention to a connection between the apartheid order's use of the 'separate but equal' slogan ... Read more
The South African Police Service Amendment Bill : possible compliance with Glenister v President of the Republic of South Africa : submission made to the South African Parliament, April 2012

Author: De Vos, Pierre Date: Apr 2012 A policy paper analysing the Constitutional Court judgment of Glenister v President of the Republic of South Africa and Others and comparing it to the draft legislation published to give effect to the judgment. The paper argues that the draft ... Read more c b
The reasonableness approach of the South African Constitutional Court - making the constitutional right of access to housing "real" or effectively meaningless?

Author: Lange, Pia Annika Date: 2018 The South African Constitution explicitly guarantees the right of access to housing (section 26 of the Constitution). To consider whether the state has fulfilled its positive obligations to take appropriate steps to realise the right of access ... Read more
The utilisation of ubuntu can promote accountability in public officials and state institutions as well as give effect to social solidarity in South Africa

Author: Salie, Nadeem Date: 2018 INTRODUCTION The primary thrust of my work is to cast aside vacuous claims about ubuntu whilst emphasising the communal obligations’ focus of ubuntu. The state is duty-bound to give effect to socioeconomic rights as enshrined in the ... Read more
These queer gardens: a South African story

Author: De Vos, Pierre ; Barnard-Naude, Jaco Date: 2014 Two white male Afrikaans gay academics decide to respond to a call for papers to be presented at a conference with the theme “Gardens of justice” in Stockholm, Sweden in 2012. In the course of their attempt to co-author an academic paper on ... Read more c b