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Browsing Research Articles (Public Law) by Title
Now showing items 56-75 of 242
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(Juta Law, 2014)The Drugs and Drug Trafficking Act 140 of 1992 (hereinafter the 'Act') makes provision for the essential crimes pertaining to drugs. The two most important crimes provided for in the Act are dealing in drugs and the use ...
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(Unisa Press, 2019)Organ transplantation is a life-saving procedure that is arguably the most viable treatment option for individuals who are faced with end-stage organ failure. Owing to a shortage of organs for transplantation, however, ...
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(Juta Law, 2007)This article attempts to answer the following two linked, but distinct, questions. First, to what extent does our current legal regime tolerate independent schools that advance particular, if not comprehensive, visions ...
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(LexisNexis, 2008-08)Hierdie bydrae sluit aan by en brei uit op die artikel “Perspektief op die regsbeskerming van kollektiwiteite” 2003 THRHR 67 ev. Daar word geargumenteer dat die tradisionele liberale oortuiging as sou individuele regte ...
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(Unisa Press, 2022-12)This article explores whether the international law principle of sustainable development is compatible with the degrowth development framework. Sustainable development is a guiding and binding principle of international ...
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(North West University, Faculty of Law, 2015)This discussion critiques the generally accepted doctrine of the rule of law and constitutional supremacy prevalent in contemporary constitutional states, including the doctrine as conceived in terms of the Constitution ...
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(LexisNexis, 2021)Die oorgrote meerderheid van hedendaagse konfliksituasies word geken aan 'n mosaiek van geweld waar verskillende rebellemagte gedurende dieselfde tydperk binne dieselfde geografiese ligging oorlog voer. Die toerekening ...
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(Suid Afrikaanse Akademie vir Wetenskap and Kuns, 2021-03)In the context of international criminal law and its nexus to the protection of human rights, a “religious group” is considered a “protected group”, and an adherent’s resultant “religious identity” is a “protected ground” ...
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(LexisNexis, 2015-05)Constitutional supremacy – the contemporary refined form of the supremacy of the law – is the foundation upon which present supreme constitutions such as that of the United States of America and South Africa are based. ...
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(Juta Law, 2014)The Convention on the Rights of Persons with Disabilities and the Optional Protocol to the CRPD were signed by South Africa on 30 March 2007 and ratified on 30 November 2007. The CRPD is intended to 'promote and protect ...
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(The Verloren van Themaat Centre for Public Law Studies, UNISA, 2011)Die mees onderskeidende eienskap van die amptelike taalklousule, soos dit in veral artikel 6(1) tot 6(4) van die Grondwet vervat is, is die diskresionêre aard daarvan. Hierdie kwessie word met verwysing na elkeen van die ...
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(Pretoria University Law Press, 2021)This article examines whether a board of a pension fund performs a public function or exercises public power when it determines death claims under section 37C of the Pension Funds Act (PFA). The article considers ...
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Down on the farm and barefoot in the kitchen: farm labour and domestic labour as forms of servitude (Taylor & Francis, 2007-10)This article evaluates the claim that working conditions for farm workers and domestic workers in South Africa can be analysed in terms of the constitutional prohibition against servitude. Recent research and statistics ...
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(Oxford University Press, 2015-06)In June 2015, South Africa hosted the African Union Summit. The Sudanese President, Al Bashir, under an ICC arrest warrant for, inter alia, genocide, attended the Summit. As a State Party to the Rome Statute, South Africa ...
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(Juta Law, 2017)Under the current constitutional dispensation the judiciary is not only constitutionally authorised, but also constitutionally obliged, to oversee exercises of public power; including the conduct of the executive.1 It ...
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(Juta Law, 2007)South Africa has placed itself in the forefront of the development and application of biotechnology products such as genetically modified organisms (GMOs). The country is said to be one of the top six GM crop planting ...
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(University of the Free State, 2019)This article reflects on a troubling resemblance between the times of apartheid-era journalist Nat Nakasa and the SABC 8, a group of post-apartheid journalists who robustly challenged a Protest Policy introduced by the ...
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(Cambridge University Press, 2025-02)The 2022 Agreement on Fisheries Subsidies (AFS) is the culmination of over 20 years of negotiations within the WTO's Doha Development Round. Although it can be considered a small victory in the fight against declining fish ...
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Establishing the erga omnes character of the obligation to prevent transboundary environmental harm (Brill Academic Publishers, 2025-01)This article argues that the obligation to prevent transboundary environmental harm is erga omnes. In a fractured landscape, this obligation is the closest that international environmental law comes to a general obligation ...
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(Cambridge University Press, 2014-06)The article examines the evolution of military operations by the Economic Community of Western African States (ECOWAS) and the South African Development Community (SADC) over the last three decades. By examining ...
Now showing items 56-75 of 242