Browsing Journals by Subject "Stare decisis"
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Authority by representation – a new form of authority?
(2016)The majority decision in Makate v Vodacom (Pty) Ltd [2016] ZACC 13 recognises a new form of actual authority – authority by representation. However, the decision is based on a misinterpretation of English law and is ... -
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 ...