This would instil new vigour into the law and the Constitution that is seemingly becoming stulted due to its adherence to Western values.doi:10.1080/18186874.2015.1107991FarisInstitute for Dispute Resolution in Africa, University of South Africa;John Andrew...
Common Law Obedience in a Regulatory State 来自 Wiley 喜欢 0 阅读量: 50 作者: N Razook 摘要: This article explores girls' socio-economic rights fulfilment in South Africa. After setting out the international law context, the article turns to the lived reality of girls in this country through...
a1, the judicial discretion from the most recent common law exceptions to the hearsay rule changes can be seen, the judge discretion to avoid the hearsay rule is rigid and effective measures, can also better achieve national interests of justice. [13] the judges discretion exception to the ...
practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United Sta...
In South Africa they may play such a role in two respects: first during the process of inquiry to ascertain if the requirements for a particular crime have been met; and secondly when a suitable punishment for a convicted accused must be determined. By making use of case law, illuminated ...
Today, common law is still used in several countries around the world. Those countries that use common law include: The United Kingdom The United States Australia Canada India South Africa Nigeria These countries continue to use common law today for several reasons. Some common law countries ...
Findings – The conclusion reached is that the whistleblower laws established in the common law countries of Australia, New Zealand, South Africa, and the UK variously contain serious structural deficiencies, particularly with respect to the scope of protection and the construction of corruption. The...
is confined to disputes over law (and not facts) (seeAppeals: Legal). This model is found today in countries throughout the former British empire, particularly in the United States, Canada, Australia,India, and in Africa, particularly Ghana, Kenya, Nigeria, as well as South Africa....
Audit quality in common-law and code-law emerging markets:Evidence on earnings conservatism, agency costs and cost of equity For common-law South Africa, firm-level performance, growth and market determinants tend to lead to a lower cost of equity. For code-law Brazil, it ... GE Iatridis ...
It is reflected in the processes of the civil law jurisdictions, where there is more reliance on case and textual precedent than is often recognized by common law lawyers.2 It is perhaps also the most significant ingredient of most of the customary law systems of Africa where acceptable ...