Browsing by Subject "Constitutionalism"
Now showing items 1-8 of 8
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Constitutionalism and coloniality: A case of colonialism continued or the best of both worlds?
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)This article deals with the concept of constitutionalism in relation to colonialism and modernity, with a specific emphasis upon South Africa and South African constitutional development. The Republic of South ... -
Critical assessment of the constitutionality of the South African customs legislation
(North-West University (South Africa), 2020)Before 1994, most if not all pieces of legislation were subject to the sovereignty of Parliament and the law enforcement powers of the executive, which enabled the development of the authoritarian and oppressive system of ... -
The effectiveness of the South African Employment Equity Act 55 of 1998 in adressing the past inequalitities in the workplace
(North-West University (South Africa)., 2009)Aim of the Study: The main aim of this study is to investigate and analyse the impact of labour and industrial legislative and policy frameworks on the marginalized groups in South Africa, particularly black people. This ... -
Judicial defence of constitutionalism in the assessment of South Africa's international obligations
(PER/PELJ, 2019)The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The ... -
The limits of political development and constitutionalism in South Africa
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2016)The article investigates political development and constitutionalism in postapartheid South Africa by focusing on two general features of this society. These are firstly the enduring prevalence of violence defined broadly. ... -
Rethinking the language of constitutional comparison
(Taylor & Francis, 2017)While constitutional comparatists may be talking the same language while saying (or thinking) different things, the significance of constitutional communication and more importantly of comparative endeavours may suffer ... -
Revisiting the Zimbabwean unfair labour practice concept
(PER/PELJ, 2021)The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices ... -
Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ...