Search
Now showing items 1-10 of 58
The Concept of a "Decision" as the Threshold Requirement for Judicial Review in Terms of the Promotion of Administrative Justice Act
(2011)
The Promotion of Administrative Justice Act 3 of 2000 defines administrative action
as “any decision [of a specified kind]" taken by specified persons or entities. The Act
goes on to define decision as “any decision of an ...
In Defence of Pashukanism
(2011)
This essay presents an extended defence of the general theory of law formulated by the
Bolshevik jurist, Evgeny Pashukanis, and published in his Law and Marxism: A General
Theory in 1924. The general theory is a theory ...
Information and Knowledge Management at South African Law Firms
(2011)
Global and national law firms alike operate in a challenging business environment
and managing the firm's information and knowledge assets is increasingly viewed as
a key factor in efficient legal service delivery. In ...
The Status and Role of Legislation In South Africa as a Constitutional Democracy : Some Exploratory Observations
(2011)
This note explores the proposition that in the face of probably one of the most unequivocal
forms of constitutional review in a modern day state, legislation in South
Africa has since 27 April 1994 grown in status (and ...
Pre– and Post–Trial Equality in Criminal Justice in the Context of the Separation of Powers
(2011)
The previous Westminster criminal justice system entailed a different kind of
separation of powers insofar as it concerns the role of state prosecutors. In the
Westminster system prosecutors are part of the executive branch, ...
Unpacking the Law and Practice Relating to Parole in South Africa
(2011)
The possibility of the early release of offenders on parole is meant to act inter alia as
an incentive to ensure that prisoners behave meritoriously while serving their
sentences. The South African Correctional Services ...
Legislative Exclusions or Exemptions of Property from the Insolvent Estate
(2011)
The general policy in South African insolvency law is that assets must be recovered
and included in the insolvent estate, and that this action must be to the advantage of
the creditors of the insolvent estate. But there ...
Seeking Deliberation on the Unborn in International Law
(2011)
International human rights instruments and jurisprudence radiate an understanding
of international law as also serving to protect fundamental rights and the interests of
the individual. The idea that human rights provide ...
Demystification of the Inquisitorial System
(2011)
Criminal procedure in South Africa is outdated and does not produce speedy justice.
The Criminal Procedure Act requires a revamp. Lessons can be learnt from the
inquisitorial systems but local lawyers have preconceived ...
"Fair" Mathematics in Assessing Delictual Damages
(2011)
In assessing delictual damages the plaintiff is burdened with the duty to prove loss with
a preponderance of probability, including uncertain future loss. In quantifying such a
claim an actuary is often used to make actuarial ...