Browsing by Subject "Judicial activism"
Now showing items 1-5 of 5
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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 enigmatic but unique nature of the Israeli legal system
(2012)The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and ... -
Judicial law-making: unlocking the creative powers of judges in terms of Section 39(2) of the constitution
(2016)The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African ... -
Marital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini
(PER/PELJ, 2020)Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, ... -
Public litigation and the concept of "deference" in judicial review
(2015)The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the ...