Browsing by Subject "Constitutional Court"
Now showing items 1-7 of 7
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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 ... -
Between norms and facts: the constitutional court's commitment to pluralism in South Africa's radically heterogeneous public schools
(2015)The recognition of pluralism constitutes a golden thread that runs through the Constitutional Court’s entire oeuvre of work. This ‘right to be different’ finds its initial footing in Gauteng Education Bill, Prince, and ... -
Constitutional court 1995-2012: how did the cases reach the court, why did the court refuse to consider some of them, and how often did the court invalidate laws and actions?
(2013)The purpose of this article is to contribute data for the purposes of debates on how effectively the Constitutional Court performed its functions between 1995 and 2012. The cut-off date of 31 December 2012 has no other ... -
Moseneke, D. 2020. All Rise: A Judicial Memoir [Book review]
(PER/PELJ, 2021)The contribution is the review of the book published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book ... -
The South African constitutional court's use of foreign precedent in matters of religion: without fear or favour?
(2015)Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the ... -
Transformasie en die universiteitswese = Transformation and the University Sector
(Suid-Afrikaanse Akademie vir Wetenskap en Kuns, 2016)"Transformation" is not defined in parliamentary legislation or the Constitution. Nevertheless, the policy documents of the Government and the ANC bestow immense importance on the notion, which bears significant ideological, ... -
Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing?
(2017-12-05)This contribution considers the Constitutional Court of South Africa’s judgments regarding aspects of sentencing. It starts with an overview of relevant judgments, before attending in more detail to judgments on the minimum ...