Browsing by Subject "Administrative law"
Now showing items 1-9 of 9
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Die aard van die kurator se bevoegdhede ingevolge artikel 21 van die insolvensiewet
(North-West University, 2006)Article 21 of the Insolvency Act states that the estate of the solvent spouse transfers to the curator of the insolvent spouse's sequestrated estate. The solvent spouse then has the burden to request the release of property ... -
The application of the audi alteram partem rule to the proceedings of commissions of inquiry
(North-West University, 2003)Before 1994 administrative law was dominated by parliamentary supremacy which dictated that Parliament is the supreme law-making authority in the state. This position was radically changed by the new democratic order. To ... -
At the intersection between expropriation law and administrative law: two critical views on the constitutional court's arun judgment
(2016)(LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence ... -
Deference and diffèrance: judicial review and the perfect gift
(2006)The highest courts in both Canada and South Africa have expressed themselves in favour of an approach of deference as respect in the review of administrative action. The notion of deference as respect derives from ... -
The educator–learner relationship within the South African public school system : an educational–juridical perspective
(Potchefstroom University for Christian Higher Education, 2000)Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the ... -
Gebreke in die appèlprosedures van die Wet op die Ingenieursweseprofessie
(North-West University, 2008)It is the aim with this paper, to research the shortcomings experienced in the appeal procedures as contained in the Engineering Profession Act ("EPA"), in order to determine whether the process should be revised or if ... -
Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)
(PER/PELJ, 2021)In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in ... -
The right of access to environmental information in the public and private sphere
(North-West University (South Africa), Potchefstroom Campus, 2016)Access to information, public participation and access to justice are increasingly on the agenda in the international environmental sphere. In Company Secretary of ArcelorMittal South Africa v Vaal Environmental Justice ... -
What happens when the judiciary switches roles with the legislator? An innovative Israeli version of a mixed jurisdiction
(2012)Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic ...