Browsing by Subject "Transformative constitutionalism"
Now showing items 1-10 of 12
-
Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order
(2016)Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest ... -
"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ... -
A critical investigation of the relevance and potential of IDPs as a local governance instrument for pursuing social justice in South Africa
(2013)Unlike the situation in the past, when local government’s role was limited to service delivery, local government is now constitutionally mandated to play an expanded developmental role. As a “co-responsible” sphere of ... -
Impact of the Constitution's Normative Framework on the interpretation of provisions of the Companies Act 71 of 2008
(PER/PELJ, 2019)Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to ... -
Judicial oversight and the constitution: is the South African judiciary overstepping its jurisdiction?
(North-West University (South Africa) Mafikeng Campus, 2016)The South African government derives its legal existence from the Constitution of the Republic of South Africa, 1996. This Constitution was adopted to end legislative supremacy, state impunity and racial inequality. The ... -
Local government's role in the pursuit of the transformative constitutional mandate of social justice in South Africa
(2014)South Africa's transition to constitutional democracy marked the end of a system of government that perpetuated injustice on the basis of race. The previous system of government, underpinned by the principle of parliamentary ... -
Race as/and the trace of the ghost: jurisprudential escapism, horizontal anxiety and the right to be racist in BoE trust limited
(2013)This contribution draws on critical race theory and critical legal theory in order to read and critique the Supreme Court of Appeal judgment of Erasmus AJA in BoE Trust Limited 2013 3 SA 236 (SCA). It will specifically ... -
Religious discrimination in the South African workplace
(North-West University (South Africa) , Potchefstroom Campus, 2016)South Africa is a country reflective of a society rich in cultural and ethnic diversity. Locally and internationally the term "rainbow nation" is used to describe South Africa. This diversity that once separated many due ... -
The role of South Africa's environmental rights in transformative constitutionalism
(North-West University (South Africa) , Potchefstroom Campus, 2016)This study discusses the role of and extent to which South Africa's environmental right contributes to transformative constitutionalism. Prior to the enactment of the Constitution of the Republic of South Africa, 1996 ... -
Strict liability offences : are they not in conflict with purpose of sentence and constitutional expectations?
(North-West University (South Africa)., 2011)Aim of the study: The intention of this study is, generally, to show that strict liability has no place in a democratic society based on human dignity, equality and freedom , as it undermines the purpose of sentence and, ...