Since direct horizontality, properly understood, is central to the coherent development of South Africa's rights jurisprudence, the author reinvigorates debate about horizontality by offering a new and comprehensive account of its mechanics and purpose. The account turns on a distinction between '...
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 ...
South Africa recognizes a multiplicity of marriage forms: common law marriage, customary marriage, and same-sex marriage. The South African Constitution has a high sensibility related to issues of human dignity, equality, and freedom. Respect for both cultural identity and non-discrimination is ...
South Africa has laws which criminalize various forms of corruption (bribery, embezzlement, and the like), yet officeholders have regularly exploited their positions of power for illicit gains (seehereandhere). Part of the reason for this is that it often can be very difficult to prove the e...
Interpretation of the right to equality protected in section 9; Jurisprudence of the Constitutional Court of South Africa; Cases concerning gender equality. JY Mokgoro - 《Alb.l.rev》 被引量: 6发表: 2003年 Accountability, contextualisation and the standard of judicial review of affirmative action...
Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of inva...
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He first examines corporal punishment from a historical and theoretical perspective and then focuses on the realities of corporal punishment in South Africa today. He concludes with a plea for the abolition of smacking from South African family life. Notes, ref. 展开 ...
A first reading of the majority opinion in the South West Africa Cases, Second Phase, may leave the Common Law reader with the feeling of having waded through the marshes of a pre-Judicature Act search for a form of action in which to frame this case; the plaintiff having failed to find...
Moreover, the 1996 Constitution's embrace of dignity as Grundnorm, concomitant with the incorporation of the notion of crimen injuria in South African common law, makes it potentially easy for the state to limit freedom of expression and intervene in religious matters under the guise of the so...