Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 77-96 of 963
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Beyond the contours of normally acceptable political violence: Is Cameroon a conflict/transitional society in the offing?
(2019)Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in ... -
Bhuiyan, Md J.H. and Jensen D. (eds). 2020. Law and Religion in the Liberal State (Hart Publishing 2020) ISBN 978 1 50992 633 6 (cased); 978 1 50992 635 0 (eBook); ePub 978 1 50992 634 3 [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Law and Religion in the Liberal State, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Darryn Jensen. The book contains a collection of papers dealing with the ... -
Bhuiyan, Md J.H. and Khan, B.U. (eds). 2019. Revisiting the Geneva Conventions: 1949-2019. (Brill Nijhoff Leiden ISBN 978 90 04 37553 6 (cased); 978 90 04 37554 3 (eBook) [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, edited by two legal scholars, namely Md Jahid Hossain Bhuiyan and Borhan Uddin Khan. The book is a commemoration of the 70th anniversary ... -
The binding effect of the constitutive documents of companies: The 1973 and 2008 Companies Acts of South Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008. The aim is ... -
"Brexit": a constitutional, diplomatic and democratic crisis. A view from the trenches
(2016)A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave. -
The BRICS-lawyers' guide to global cooperation (Cambridge University Press 2017)
(PER, 2018)This contribution reviews the book The BRICS-Lawyers' Guide to Global Cooperation edited by Rostam J Neuwirth, Alexandr Svetlicinii and Denis De Castro Halis. It was published by Cambridge University Press in 2017, and ... -
A brief overview of the Civil Union Act
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution ... -
Broadening the Legal Academy, the Study of Customary Law: The Case for Social-Scientific and Anthropological Perspectives
(2017-10-26)This article explores the need for a more broadly based understanding of law, especially in the context of undertaking research in customary law. It examines the limitations of doctrinal legal scholarship involving a "black ... -
The "brown" environmental agenda and the constitutional duties of local government in South Africa: a conceptual introduction
(2015)This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation ... -
Bullying in the Workplace : The Plight of South African Employees
(PER/PELJ, 2022)This article discusses the prevalence of bullying in South African workplaces as well as the causes and symptoms thereof and the shortcomings in the current protection available to victims. Jurisprudence indicates that in ... -
But is it speech? Making critical sense of the dominant constitutional discourse on pornography, morality and harm under the pervasive influence of United States first amendment
(2012)Under the pervasive influence of United States First Amendment jurisprudence, adult gender-specific sexually explicit (or “pornographic”) material is conceptualized, and thus protected in the “marketplace of ideas”, as ... -
Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485
(PER/PELJ, 2021)This article considers the Australian case of Burrows v Houda 2020 NSWDC 485 and the English case of Lord McAlpine v Bercow 2013 EWHC 1342 (QB). Both cases considered the question of whether emojis could be considered ... -
Can decentralisation contribute to promoting rule-of-law structures? The democratic republic of Congo, Rwanda and Burundi as examples
(2012)Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing ... -
Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Prior to the change brought about by S v M,1 the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order ... -
Can traditional knowledge be effectively covered under a single "umbrella?"
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
Canefe, N. 2022. Critical Perspectives on Crimes against Humanity : The Limits of Universal Jurisdiction in the Global South (University of Wales Press 2020) [Book review]
(PER/PELJ, 2022)In the current anti-accountability sentiment that has plagued most of Africa, triggered by the nasty politics of selectivity that is primarily motivated by considerations of realpolitik or the interests of specific states, ... -
A Case for Transnational Law in Contemporary Times
(PER/PELJ, 2020)When Jessup first wrote about transnational law about 60 years ago, scholarship on globalisation had not started yet. It seems though that transnational law, as we understand it, is as closely related to and has been ... -
Case Law as an authoritative source of customary law: piecemeal recording of (living) customary law?
(PER/PELJ, 2019)This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules. When a mainstream court ...