Browsing PER: 2015 Volume 18 No 5 by Title
Now showing items 20-26 of 26
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Reasons for prosecutorial decisions
(2015)In terms of the prosecuting policy of the National Prosecuting Authority reasons for the exercise of prosecutorial discretions should be furnished on request of persons with a legitimate interest in the decisions. In general ... -
Regulation of hydraulic fracturing in South Africa: a project life-cycle approach?
(2015)This note deals with the 2015 regulations pertaining to hydraulic fracturing in South Africa from a project life-cycle approach. A brief history of the fragmentation of the regulation of environmental and mining related ... -
The right of the child to care and constitutional damages for the loss of parental care: some thoughts on M v Minister of Police and Minister of Police v Mboweni
(2015)In the a quo judgment in M v Minister of Police a radical new approach was followed in respect of claims for loss of parental care. The issue before court was whether a child whose parent has died as a result of the wrongful ... -
Riglyne vir die hersiening van omgewingsverwante wetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2015)The development of legislation for the progressive realisation of the right to access to sufficient food is labelled as an international and national objective. Section 27(2) of the Constitution of the Republic of South ... -
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 ... -
Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ... -
Valuation in the constitutional era
(2015)The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central ...