Browsing by Subject "Constitutional interpretation"
Now showing items 1-5 of 5
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Assisted dying and moral principles : the quest for just and legitimate norms in constitutional interpretation
(2016)In this thesis the relationship between law and morality is examined, posing the question whether or not the law consists of - or to some extent at least includes - principles that can help an adjudicator to determine how ... -
The constitutional impact of strategic litigation in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2016)The broad focus of the thesis is an analysis of the constitutional limits to strategic litigation involving the state. The first chapter outlines the background of the study and defines the concept of strategic litigation. ... -
The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
Discovering the value of liberty in intellectual property adjudication: a methodological critique of the reasoning in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ)
(PER/PELJ, 2021)This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 ... -
The legal significance of human dignity
(North-West University (South Africa), Potchefstroom Campus, 2016)The meaning of human dignity has been elusive since its recognition by the Stoics in 128 B.C. as an attribute that distinguishes man from the rest of nature because of his ability to reason and to decide over his own fate. ...