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Research Articles (Jurisprudence): Recent submissions
Now showing items 1-20 of 140
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(Oxford University Press, 2023-02)No abstract available.
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(Pretoria University Law Press, 2022)Increasingly, technology is used in the enforcement of legal rules. These changes, in addition to establishing new forms of regulation, have implications for the future functioning of the legal system. Most of the current ...
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(Brill Academic Publishers, 2022-05)In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a ...
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(Berghahn Journals, 2021-09)This article sets out a few key questions, themes, and problems animating an Azanian social and political philosophy, with specific reference to the radical promise of undoing South African disciplinary knowledges. The ...
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(Routledge, 2020)This special issue of the South African Journal on Human Rights arises from a general call for papers that was issued in October 2019. The special issue has come to fruition in circumstances that none of us could ever have ...
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(Pretoria University Law Press, 2021)The legislative and policy framework regulating compulsory education in South Africa requires that learners beyond the age of fifteen enrol in an adult education centre to meet their educational needs. Adult education which ...
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(Edinburgh University Press, 2021-02)The article examines unconstitutional constitutional amendments in the constitutional order of Cameroon dating back from 1960 to 2008. The examination reveals that all the amendments engaged within this period fail to ...
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(Pretoria University Law Press (PULP), 2021)In the Grace Mugabe decision in which the conclusion was arrived at that Grace Mugabe was not entitled to spousal immunity by virtue of being the wife of the then incumbent foreign head of state, Vally J remarked that ...
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(Brill Academic Publishers, 2021)The scope of the powers of the Public Protector was one of the main questions for determination by the Constitutional Court in the landmark case of Economic Freedom Fighters vs Speaker of the National Assembly. This note ...
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(Juta Law, 2020)The authors speculate how a court should deal with a tax matter that implicates the right to equality. Section 23(m) of the Income Tax Act 58 of 1962 squarely raises an equality dispute — in the context of rational/irrational ...
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(Unisa Press, 2020-07)Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable ...
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(University of the Free State, 2021-07)The era of ‘surveillance capitalism’ as a new logic of accumulation that claims human experience as free raw material necessitates an understanding of how corporate-controlled digital communication technologies govern ...
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(Faculty of Law, Nelson Mandela University, 2020)This article discusses implementation challenges of the principle of complementarity; challenges in prosecuting sitting African Heads of state and nefarious warlords. The article highlights the disparity existing in ...
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(Cambridge University Press, 2020-06)The taskforce appointed in 2016 to undertake a review of the legal sector in Kenya highlighted a decline in public service and pro bono work as one of the challenges facing the legal profession in the country. In its report, ...
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(Centre of Human Rights, Faculty of Law, University of Pretoria, 2020-06)This article assesses the extent to which the South African Constitutional Court’s seminal findings in Governing Body of the Juma Musjid Primary School v Essa NO have bolstered the lower courts to give tangible content ...
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(BioMed Central, 2020-09-03)BACKGROUND : Whenever South African (SA) research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement ...
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(Pretoria University Law Press, 2019)This article reflects on the limits of “post”-apartheid constitutionalism through an extended theoretical discussion and close reading of the Constitutional Court decision in City of Tshwane Metropolitan Municipality v ...
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(Unisa Press, 2019)In this article the authors offer a workable interpretation of section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Many constitutional law and freedom of expression scholars have ...
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(Routledge, 2019)The main argument of this article lies in its conceptual framing which is a contextualisation of the problem of exception in the colonial and ‘postcolonial’ period of Cameroon. The country was technically colonised by ...
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(Unisa Press, 2018)In this article, I attempt to establish the need for the convergence of the spirit of the law—the Preamble—and the letter of the law—the provisions of the Constitution of Cameroon contained in its articles. First, I adduce ...
Now showing items 1-20 of 140