Browsing PER: 2019 Volume 22 by Title
Now showing items 33-52 of 71
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Jacobsohn G and Schor M (eds) Comparative constitutional theory (Edward Elgar Publishing Cheltenham, UK 2018) ISBN 978 1 78471 912 8 (cased); 978 1 78471 913 5 (eBook)
(PER/PELJ, 2019)This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory, and edited by Gary Jacobsohn and Miguel Schor. It was published in 2018 by Edward Elgar ... -
Judicial defence of constitutionalism in the assessment of South Africa's international obligations
(PER/PELJ, 2019)The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The ... -
Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia
(PER/PELJ, 2019)The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. ... -
Judicial review of the legislative process in Lesotho : lessons from South Africa
(PER/PELJ, 2019)The Constitution of Lesotho, 1993 has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process ... -
A legal perspective on social media use and employment: Lessons for South African educators
(PER/PELJ, 2019)In this article, the author provides a legal perspective on the interplay between social media use and employment. The unique characteristics of social media are identified in order to frame the article before a number of ... -
Legal Pluralism, uBuntu and the use of open norms in the South African Common Law of Contract
(PER/PELJ, 2019)In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ... -
Lewyn M Government intervention and suburban sprawl: The case for market urbanism (Palgrave MacMillan 2017)
(PER/PELJ, 2019)The writer is of the opinion that government intervention is the probable cause of suburban sprawl in American cities. Two types of sprawl are discussed, namely, sprawl which results due to the creation of suburbs and ... -
The life and times of textualism in South Africa
(PER/PELJ, 2019)This paper analyses the dominant approaches to statutory interpretation through a historical lens. It argues that for most of South Africa's history the methods of interpretation were twisted in order to give effect to the ... -
Mediese Sertifikate ingevolge die Traditional Health Practitioners Act: Die Kwessie van Geldigheid en Betroubaarheid
(PER/PELJ, 2019)On 1 May 2014, various provisions of the Traditional Health Practitioners Act22 of 2007, came into effect. This resulted in the establishment of the Interim Council for Traditional Health Practitioners ... -
The million rand question: Does a civil marriage automatically dissolve the parties' customary marriage?
(PER/PELJ, 2019)In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, ... -
Municipal law making under SPLUMA: A survey of fifteen "First Generation" municipal planning by-laws
(PER/PELJ, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
The "Necessity Test" as expressed by the Enigmatic Article XX(j) of the general agreement on Tariffs and Trade (1994) : appellate body report, India - certain measures relating to solar cells and solar modules
(PER/PELJ, 2019)The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. ... -
Notes on the proposed amendment of section 21 of the Children's Act38 of 2005
(PER/PELJ, 2019)In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership ... -
Orocowewin Notcimik Itatcihowin : the Atikamekw Nehirowisiw Code of practice and the issues involved in its writing
(PER/PELJ, 2019)The Atikamekw Nehirowisiw Nation has for several years been developing a code of practice (orocowewin notcimik itatcihowin) to regulate hunting, fishing and plant harvesting activities in Nitaskinan, its ancestral territory. ... -
An Overview of fixed-term contracts of employment as a form of A-typical Employment in South Africa
(PER/PELJ, 2019)A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, ... -
Prescription of debt in the Consumer-Credit Industry
(PER/PELJ, 2019)A person may acquire rights or be released from obligations through the passage of time. This is known as prescription. The objective of prescription is to achieve legal certainty and finality in the relationship between ... -
The Prevention of Organised Crime Act 1998: the need for extraterritorial jurisdiction to prosecute the higher echelons of those involved in rhino poaching
(PER/PELJ, 2019)The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves ... -
Prêt-à-Porter Procreation : contemplating the ban on preimplantation sex selection
(PER/PELJ, 2019)Preimplantation genetic testing makes it possible to genetically test in vitro embryos for the presence of genetic disease. It also identifies the sex of the embryo. Preimplantation sex selection is prohibited in a number ... -
The price of sadness : comparison between the Netherlands and South Africa
(PER/PELJ, 2019)Bereavement can be a precipitating and perpetuating factor for various psychiatric injuries. However, the normal experience of bereavement also causes significant disruption and stress in an individual's psychosocial ... -
Progressive realisation of Muslim family law : the case of Tunisia
(PER/PELJ, 2019)From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven ...