Despite an initial flurry of interest in the direct horizontality of human rights, the doctrine's place in South African constitutional law is now accorded a diminishing importance in judgments and journals. The author argues that this is a result of a misunderstanding, by both courts and ...
The law we have in common 01. — What Is Common Law? Common Law is the gateway to Tribal/Natural Law, and it is our Inalienable Right. Our Creator gives us our rights, and no earthly force can take those rights away without our consent. ...
Common LawHuman RightsEuropean Court of Human RightsProtection of Human RightsThe present work is concentrated on the jurisprudence of the European Court of Human Rights and on its relation/application with the common law.Liakopoulos, Dimitris I...
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 ...
There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Hu
aCivil law focuses on rights and obligations, while common law is oriented toward the jurisdiction of particular courts to grant the sought-after remedy ("remedies precede rights")。 民法焦点在权利和义务,而普通法被安置往特殊法院的司法授予追寻的补救 (“补救在权利之前”)。[translate]...
Human rightsHuman Rights Act 1998Following a period of relative dormancy, the UK Supreme Court has revitalised the notion that the common law might provide effective protection for human rightsMasterman, RogerWheatle, Se-shaunaSocial Science Electronic Publishing...
Common Law Rights.Subject to Clause 11,nothing in this Agreementlimitsthe Employer’srights at law. Sample 1 Save Copy Common Law Rights. (a)Subject toparagraph (b) below, nothing in thisArticle 9in any way restricts either party's rights at common law in the event theparties areunable to...
(other civil law-based countries include Spain, Italy, Germany, Brazil, Turkey,Mexico, Chili, and Venezuela) (Deflem, 2008;Pérez-Perdomo, 2006). Common law countries (e.g., Ireland, the United States, the United Kingdom, South Africa, and Australia) typically draw on the British legal ...
The Fundamentality of Rights at Common Law I recently completed a paper, to be published in a forthcoming edited collection, on ‘The Fundamentality of Rights at Common Law’. The concern of the paper is with the senses in, and the extent to, which common law constitutional rights can prop...