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LAW (709 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 40)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 17)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 6)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 24)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 8)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 152)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
China : An International Journal     Full-text available via subscription   (Followers: 17)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 16)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 42)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 25)
Conflict Trends     Full-text available via subscription   (Followers: 10)
Cornell Law Review     Open Access   (Followers: 8)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 4)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 7)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 17)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 11)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 5)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 144)
European Public Law     Full-text available via subscription   (Followers: 36)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
European Review of Private Law     Full-text available via subscription   (Followers: 31)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 5)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 15)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 8)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)

        1 2 3 4 | Last

Journal Cover Acta Juridica
  [9 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 07021-73142 - ISSN (Online) 1996-2088
   Published by Sabinet Online Ltd Homepage  [188 journals]
  • Personal tribute to former Chief Justice Pius Langa : part I : personal
           tributes
    • Authors: Dikgang Moseneke
      Abstract: I am grateful for this invitation to pay a personal tribute to the departed Chief Justice. Those who loved and revered Pius Langa owe a debt of gratitude to the University of Cape Town Law Faculty which has made this occasion possible. I am deeply proud of Michael Bishop and Alistair Price who did much to get me and others here. I admire the way they have kept the faith. Both were nurtured in that inimitable crucible of our hard worn democracy - the Constitutional Court. They are cast in the mould of our celebrant Pius Langa, at whose feet they sat as his law clerks and researchers. I am just as grateful to all who took time to reflect, in thoughtful papers, on the jurisprudence of Pius Langa.
      PubDate: 2015-01-01T00:00:00Z
       
  • Tribute to Pius Langa : part I : personal tributes
    • Authors: Albie Sachs
      Abstract: A large number of dignitaries from the United Nations and the United States were craning forward to see Arthur Chaskalson and Pius Langa. It was in a stately hall at the United Nations, and Arthur and Pius were about to respond to being declared as laureates of the prestigious Peter and Patricia Gruber Annual Prize for Justice. Arthur spoke first. Graciously and sonorously, he said very little about himself and a lot about Pius. Then Pius came to the podium. We awaited a typically correct and worthy UN-type oration. Pius opened: 'Twinkle, twinkle little star.'
      PubDate: 2015-01-01T00:00:00Z
       
  • Tribute to Chief Justice Pius Langa : part I : personal tributes
    • Authors: Marumo Moerane
      Abstract: I met Nkonzo - I call him Nkonzo, his second name - during the 1970s. I actually knew his brother, Sam, before I knew Pius. At the time I met him he was a magistrate at the small district court of Ndwedwe north of Durban and he was the person whom I eventually came to know. He didn't change in the course of 40 years. From the first time I met him he had a wonderful sense of humour. On the occasion of his funeral I described him as follows: as a comrade, a patriot, and a distinguished member of our South African society.
      PubDate: 2015-01-01T00:00:00Z
       
  • Working with Justice Langa on press freedom : part I : personal tributes
    • Authors: Anshal Bodasing
      Abstract: The Press Freedom Commission (PFC) was officially formed in July 2011 and completed its work on 25 April 2012, when its Chairperson, former Chief Justice Pius Langa, released its findings. I was very privileged, over this short period, to serve on the PFC under the leadership of Judge Langa and alongside some very highly respected members of civil society, namely: Archbishop Thabo Makgoba, Santie Botha, Futhi Mtoba, Dr Phil Mtimkulu, Kobus van Rooyen SC, Derick Elbrecht and Professor Kwame Karikari. This tribute is my own recollection of the Commission's work and of the experience of working alongside Justice Langa as well as his impact on our efforts over the nine-month period.
      PubDate: 2015-01-01T00:00:00Z
       
  • The Langa Court : its distinctive character and legacy : part II :
           reflections on Justice Langa's court and philosophy
    • Authors: Theunis Roux
      Abstract: The composition of the South African Constitutional Court under its second Chief Justice, Pius Langa, was virtually identical to that of the post-2004 Chaskalson Court. Despite that, this tribute to the late Chief Justice argues, the two courts were different in several respects. For one, there was a marked increase in the dissent rate on the Langa Court, which may be explained in several ways, but which at the very least suggests that the judges were less concerned than they had previously been about presenting a united front. The Langa Court was also responsible for several doctrinal innovations, including the expansion of the court's 'meaningful engagement' approach to socioeconomic rights. Most of all, however, the Langa Court will be remembered for its deft handling of the Zuma-Thint corruption cases. In case after case, the court successfully resisted being drawn into the political leadership struggle that dominated Langa's term as Chief Justice. If there is still some uncertainty over the Langa Court's legacy, this has to do with the judges' decision to lodge a complaint against Cape High Court Judge John Hlophe for alleged interference in their processes. Pending the full hearing of that complaint, questions remain over the manner in which it was brought and the strategic wisdom of starting a procedure whose impact on the court's independence was likely to be profound and yet at the same time difficult to control.
      PubDate: 2015-01-01T00:00:00Z
       
  • The people, the court and Langa constitutionalism : part II : reflections
           on Justice Langa's court and philosophy
    • Authors: James Fowkes
      Abstract: The extra-curial writings of the late Chief Justice Langa contain several brief but suggestive references to the role of the People in South African constitutionalism - references that go beyond the standard court-centric picture in which the people, having underwritten the Constitution as popular sovereigns, are thereafter confined to supporting roles: bringing cases, complying with orders, supporting the courts to defend their independence. The writings of the late Chief Justice should encourage us to consider the more active and positive role that the people can play as constitutional agents, including as an ongoing source of interpretative activity. This constitutes an important qualifier to the dominant tendency in current writing on South African constitutionalism to see political forces as threats and public opinion as an obstacle. It is also more than an attractive but hypothetical possibility: I argue that it will assist us to see how much of the South African Constitutional Court's activity since 1994, including all of its most globally-celebrated bold cases, are constructed to a significant extent on pre-existing public foundations built by forces both inside and outside the ANC government - an important rebuttal to prevailing court-centric accounts.
      PubDate: 2015-01-01T00:00:00Z
       
  • Humility, dissent and community : exploring Chief Justice Langa's
           political and judicial philosophy : part II : reflections on Justice
           Langa's court and philosophy
    • Authors: David Bilchitz
      Abstract: This paper explores key features of Justice Langa's political and judicial philosophy through examining the important value he placed on disagreement and dissent. I begin by considering the controversy which erupted surrounding the comments made by the President of South Africa, Jacob Zuma about the practice of judicial dissent. Underlying these comments are specific assumptions concerning the law, adjudication and, in particular, the nature of a political community. I seek to draw from the writings of Justice Langa concerning dissent and constitutional democracy more generally for responses to these comments, which in turn outline a political community and the judiciary's role within it that has deep roots in African philosophy. Langa emphasised the need for humility in the face of human fallibility: in light of this, he argued for the importance of respecting and preserving diverse voices in law and society that would be in a continuing conversation over time about how to improve society. I then consider some of the key themes on which Justice Langa felt impelled to write dissenting judgments. These include an emphasis on the history of South Africa, substantive equality, the regulation of private power and the accountability and fairness of public power. This analysis helps us to understand in more detail the kind of polity Langa believed we should be forming. South Africa should be a community that provides a space for diverse individual identities to flourish. Dissent will be a vital part of such a society, being recognised not as a problem but as part of the richness of our diversity which emphasises the need for openness and flexibility in our joint quest - across many conversations - to attain a more just society.
      PubDate: 2015-01-01T00:00:00Z
       
  • The importance of dissent : two judgments in administrative law : part II
           : reflections on Justice Langa's court and philosophy
    • Authors: Cora Hoexter
      Abstract: In a Bram Fischer lecture, Chief Justice Pius Langa spoke eloquently about the value and importance of dissent in society and more specifically in the courts. This article draws attention to two judgments in which he himself disagreed with the majority in the context of administrative law. Both judgments are characteristic of Chief Justice Langa and show him at his best, if not at his most popular. Both are remarkably clear-sighted and well-reasoned opinions. Both demonstrate his strong sense of constitutionalism and his profound respect for the design of our democratic Constitution and the institutional roles set out in it. Most tellingly of all, both are based on principle rather than pragmatism, and both eschew expediency. While only one of these judgments has found vindication in the Constitutional Court's subsequent jurisprudence, both opinions illustrate the qualities of scrupulousness and courage that distinguished the work of Chief Justice Langa; for in both instances he faithfully followed the advice he gave at the end of his Bram Fischer lecture: 'Tell the truth about the emperor's robes, no matter the consequences.'
      PubDate: 2015-01-01T00:00:00Z
       
  • Transformative constitutionalism - guiding light or empty slogan' :
           part II : reflections on Justice Langa's court and philosophy
    • Authors: Jason Brickhill; Yana Van Leeve
      Abstract: We engage afresh with the notion of transformative constitutionalism as envisaged by Justice Langa. We respond to the charge that it is an empty slogan, which can mean anything and therefore means nothing. It includes at least two components: economic change and change in legal culture. The economic change must include, at the very least, the entitlement to the material conditions necessary for a dignified life, as represented in the Bill of Rights.We then consider progress, since Justice Langa spoke in 2006, against five challenges that he recognised - both at the level of the jurisprudence during that period and political developments within the legal profession and more broadly. Recent developments suggest that, despite progress, we have been diverted from the path of transformative constitutionalism that Justice Langa proposed, both in relation to economic change and legal culture.
      PubDate: 2015-01-01T00:00:00Z
       
  • Legal transformation and legal education : congruence or conflict' :
           part II : reflections on Justice Langa's court and philosophy
    • Authors: Dennis Davis
      Abstract: This contribution canvasses the extent to which the legal academy has responded to the ambition of the Constitution in the manner in which legal education is provided in tertiary institutions. In order to answer this question the paper sets out a definition of the concept of legal transformation which is divined from a holistic reading of the Constitution. In particular, the demands which the Constitution places upon the development of the common law is emphasised. Following upon this analysis, the paper examines key textbooks which are used in teaching, particularly of contract and delict, in order to determine the nature of teaching in critical subjects. The analysis reveals that key areas of law are taught as if the Constitution has little or any influence to play in the study of or the development of South African private law. Further, there appears to be a regrettable absence of any engagement with a legal method which might have emerged in order to meet the transformative legal challenges as outlined in this paper.
      PubDate: 2015-01-01T00:00:00Z
       
  • Bridging the gap between people and the law : transformative
           constitutionalism and the right to constitutional literacy : part II :
           reflections on Justice Langa's court and philosophy
    • Authors: Tim Fish Hodgson
      Abstract: Only 46 per cent of people in South Africa have heard of the existence of either the Bill of Rights or the Constitution. Only 10 per cent of people have ever read the Constitution or had it read to them. For transformative constitutionalism to be meaningful it must take into account this context and acknowledge that the success of the constitutional project requires the creation of a societal culture shaped by law and a legal culture shaped by society. This paper builds on the work of Chief Justice Langa and others who have written on transformative constitutionalism. It frames the philosophy of transformative constitutionalism as people-focused and acknowledges the need to bridge the gap between people and the law in South Africa. It discusses the historical and systemic reasons for this gap and argues that knowledge and understanding of rights - constitutional literacy - is itself a right. This argument is grounded in the state's duty to promote the rights in the Bill of Rights and the rights to access to courts, dignity and basic education. Empowered by full knowledge of our rights, we have the right to make the many decisions of which our lives are composed, participate fully, meaningfully and effectively in society, and make decisions about when and whether to approach courts to protect our rights.
      PubDate: 2015-01-01T00:00:00Z
       
  • Customary succession and the development of customary law : the Bhe legacy
           : part III : reflections on themes in Justice Langa's judgments
    • Authors: Sindiso Mnisi Weeks
      Abstract: The Bhe decision was an important intervention in customary succession and women's ability to inherit under official customary law. It also had significant implications for the development of legislated customary law and the jurisprudence pertaining to it. This article explores the Constitutional Court's findings in light of literature and empirical evidence of women's rights to inherit under customary law both before and after the judgment with the goal of celebrating the legal successes that the judgment symbolises and critiquing it on its limited benefit to remotely placed, rural women on the ground. The article draws on a detailed empirical study of how Bhe minimally impacted the dispute resolution of rural traditional courts around women's inheritance, substantially - but not entirely positively - impacted a rural magistrates' court in Mpumalanga and, in turn, impacted the women who rely on these forums for access to justice. It also draws on data from the Community Agency for Social Enquiry's 2010 survey on women, land and customary law to reflect the trends in inheritance practices that have emerged in customary communities from pre- to post-1994. The article is, in part, a commentary on the narrow interaction between formal and informal legal institutions as well as the need to review the tools possessed by the formal courts to develop vernacular (that is, living customary) law. The article concludes with suggestions on what further developments are needed if rural women are to be served by the law as it stands.
      PubDate: 2015-01-01T00:00:00Z
       
  • Bhe v Magistrate, Khayelitsha : a cultural conundrum, Fanonian alienation
           and an elusive constitutional oneness : part III : reflections on themes
           in Justice Langa's judgments
    • Authors: Sanele Sibanda
      Abstract: With reference to Bhe v Magistrate, Khayelitsha, this article critically examines the interplay between customary and common law under the Constitution. More precisely, it questions the implications of judicial and legislative approaches that conceptualise customary law in cultural terms, whilst treating the common law as immune from similar characterisation. The article argues that such an approach results not only in the further entrenchment of misplaced notions of the cultural ascendancy of the common law over customary law, but also further cements a Fanonesque alienation of the adherents of both systems of law from each other and indeed themselves. This outcome, it is argued, has serious implications for the forging of a constitutionally inclusive citizenship.
      PubDate: 2015-01-01T00:00:00Z
       
  • Contractual obligation and the journey from natural law to constitutional
           law : part III : reflections on themes in Justice Langa's judgments
    • Authors: Francois Du Bois; Francois Du Bois
      Abstract: The bold promise of the Constitutional Court's first foray into the field of contract law during Langa CJ's leadership remains unfulfilled. This paper takes issue with both the Supreme Court of Appeal's reticent reaction to Barkhuizen v Napier and commentators' criticism of the CC's preference for indirect horizontal application of the Bill of Rights. Proposing an expansive understanding of the reach and force of indirect horizontal application, it argues that the Bill of Rights requires a new, constitutionally-informed, conception of the normative foundations of contractual obligation in place of the natural law approach of the Roman-Dutch tradition as articulated by Grotius. Such a conception does not treat the enforcement of contracts as tantamount to enforcing a duty to keep one's word, a duty of virtue, but as supporting the consensual creation and vindication of interpersonal rights when it is in the public interest to do so. The SCA's continued rejection of good faith, fairness and reasonableness as principles on which parties and courts can rely directly, as opposed to abstract values underlying operational rules and principles, are shown to rest on a conception of contractual obligation that is incompatible with the constitutionalisation of South African law.
      PubDate: 2015-01-01T00:00:00Z
       
  • State liability and accountability : part III : reflections on themes in
           Justice Langa's judgments
    • Authors: Alistair Price
      Abstract: This contribution examines the relationship between two intersecting themes in Chief Justice Langa's judgments: the need to hold the state accountable for its wrongdoing and the need to hold the state liable to pay a monetary sum to a victim of its wrongdoing. I argue that accountability is promoted by requiring the state to explain or to justify its actions and by holding it responsible for its actions. Responsibility for wrongdoing may and should take a variety of forms, both legal and political. Legal liability to pay money is but one of these. There are at least four distinct grounds to hold the state liable in South African law. Our courts have relied most heavily on one of these routes, namely the law of delict. Although in principle this is welcome, in future further attention should be given to the possibility that awarding 'public law' compensation as an alternative, whether constitutional damages or an award grounded in administrative law, may on occasion be a better means to hold the state accountable for failures to perform its distinctive obligations.
      PubDate: 2015-01-01T00:00:00Z
       
  • S v Williams : a springboard for further debate about corporal punishment
           : part III : reflections on themes in Justice Langa's judgments
    • Authors: Ann Skelton
      Abstract: In an early judgment of the Constitutional Court, S v Williams, Justice Langa found that judicial whippings were unconstitutional because they violated young offenders' rights to dignity and humane treatment. Former Chief Justice Langa was also a member of the unanimous court that found the law prohibiting corporal punishment in schools to be a reasonable and justifiable infringement of their parents' right to religious freedom. However, s 12 of the South African Constitution guarantees everyone the right to be protected from all forms of violence, either from public or private sources. This contribution considers how the court might deal with a challenge to the constitutionality of the common-law defence of reasonable chastisement, which permits corporal punishment of children by their parents in their own homes.
      PubDate: 2015-01-01T00:00:00Z
       
  • Can we discard the doctrine of legal guilt' : part III : reflections
           on themes in Justice Langa's judgments
    • Authors: Pamela-Jane Schwikkard
      Abstract: The doctrine of legal guilt enjoys little popular support and there are systemic breaches of this doctrine in the criminal justice system. These breaches only occasionally attract public approbation and due process is frequently blamed in both popular and political discourse for the government's inability significantly to reduce South Africa's high crime rate. I argue that despite the unpopularity of the doctrine it would be dangerous and futile to discard it for short-term political gains.
      PubDate: 2015-01-01T00:00:00Z
       
  • On the reciprocal relationship between the rule of law and civil society :
           part III : reflections on themes in Justice Langa's judgments
    • Authors: Stu Woolman
      Abstract: The reciprocal relationship between a robust rule of law culture and a truly civil, civil society is much like the relationship between the characters in this song. Neither can subsist, meaningfully, without the other. When it works, the bond is bold. When the connection falters, no easy rapprochement exists. How to create both - and the union between them - ab initio' That's a big ask. But it's a complex endeavour worth undertaking. The success of South Africa's democratic project rests upon its realisation. Fail: and into that darkness, we shall disappear.
      PubDate: 2015-01-01T00:00:00Z
       
  • Constitutional protection of the right to privacy : the contribution of
           Chief Justice Langa to the law of search and seizure : part III :
           reflections on themes in Justice Langa's judgments
    • Authors: Chuks Okpaluba
      Abstract: The right to privacy in s 14 of the Constitution includes the right not to have one's person or home searched, one's property searched, one's possessions seized, or the privacy of one's communications infringed. Chief Justice Langa wrote two landmark judgments of the Constitutional Court concerning constitutional protection of privacy in the context of search and seizure operations: Investigating Directorate: Serious Economic Offences v Hyundai Motors Distributors (Pty) Ltd concerning the constitutional validity of statutory provisions authorising the issue of search warrants to investigate serious crimes, and Thint (Pty) Ltd v National Director of Public Prosecutions; Zuma and Another v National Director of Public Prosecutions, concerning the constitutional validity of applications for search warrants, their terms, and the manner of their execution. This contribution explains the significance of these judgments, placing them in the context of the common law and the Constitution's protection of privacy more generally. In the final analysis, it becomes clear that Chief Justice Langa's contributions to this branch of the law were enormous and his erudition epitomised clarity.
      PubDate: 2015-01-01T00:00:00Z
       
  • Equality beyond dignity : multi-dimensional equality and Justice Langa's
           
    • Authors: Catherine Albertyn; Sandra Fredman
      Abstract: The tendency for South African equality jurisprudence to reduce equality to a single value, namely dignity, has been much debated, especially around the relationship of dignity to disadvantage. In this article we argue for a multidimensional idea of equality that moves beyond a dignity/disadvantage paradigm to enable a fuller exploration of the complex harms and injuries that underlie equality claims, and greater elucidation of the multiple principles and purposes of equality. In particular, we argue that substantive equality should be understood in terms of a four-dimensional framework, which aims at addressing stigma, stereotyping, prejudice and violence; redressing socio-economic disadvantage; facilitating participation; and valuing and accommodating difference through structural change. We suggest that this enables a better exploration of the different principles that underlie equality and an open discussion of complementarities and tensions between them. We explore the benefits of this approach through an evaluation of three equality cases in which Justice Langa delivered the leading judgments. Although we do not claim that he fully adopted such an approach, we engage Justice Langa's philosophy on equality as it emerges from these judgments, and evaluate the extent to which we can develop from this a more fully-fledged understanding of equality and its underlying values in the South African Constitution.
      PubDate: 2015-01-01T00:00:00Z
       
  • On the limits of cultural accommodation : KwaZulu-Natal MEC for Education
           v Pillay : part III : reflections on themes in Justice Langa's judgments
    • Authors: Okyerebea Ampofo-Anti; Michael Bishop
      Abstract: In KwaZulu-Natal MEC for Education v Pillay, Chief Justice Langa held that it constituted unfair discrimination for a public school to prevent a learner from wearing a nose stud to school, because wearing the stud was a voluntary part of the learner's religion and, more importantly, her culture. In this contribution we consider the limits of this type of cultural accommodation after Pillay by focusing on two questions: What types of beliefs and practices are "cultural"' And how should courts determine the burdens other must bear to accommodate cultural practices' First, we offer preliminary answers to three central questions that Pillay left unanswered: What is a culture' Who qualifies as a member of a culture' How do we determine which practices are part of a culture' Second, we discuss the role and meaning of "reasonable accommodation" and argue that Pillay mistakenly framed it as a balancing test between the interests of the learner and the school. In doing so, it obscured other important factors that should be considered.
      PubDate: 2015-01-01T00:00:00Z
       
  • The contribution made by Mr Justice Michael McGregor Corbett to the South
           African law of succession
    • Authors: Gys Hofmeyr
      Abstract: The view that judges expound the law but do not create law (iudicis est ius dicere non facere), while embodying the broad principle of the division of function between the legislature and the judiciary, no longer holds sway. It is now generally acknowledged that one of the consequences of the judicial process is the creation of new law. The common law in particular frequently embodies principles which, although firmly established, may require extension, limitation or adaptation when applied to particular facts. Nor are norms of conduct or policy considerations static. Great judges, in dealing with these and like situations, have unquestionably contributed to the development of new law. The late Mr Justice Michael McGregor Corbett was such a judge.
      PubDate: 2014-01-01T00:00:00Z
       
  • Testamentary freedom versus testamentary duty : in search of a better
           balance
    • Authors: Karin Lehmann
      Abstract: This article has three objectives. The first is to demonstrate how restricted freedom of testation is in South Africa. The second is to provide a brief historical account of changing attitudes to freedom of testation in Roman, Roman-Dutch and English law, both in order to explain, and to serve as a counterpoint to, modern South African law. The third objective is to show that despite perceptions to the contrary, freedom of testation is in some senses arguably more restricted in South Africa than it is in our sister jurisdictions. These objectives have a common purpose. That purpose is to remind readers of the values that underpin freedom of testation and of the fact that it is difficult to design restrictions that promote the public interest in the ways intended, without also giving rise to unintended and undesirable consequences. The article sounds the caution that the existing and proposed restrictions may not be as reasonable, in an open and democratic society based on respect for human dignity, freedom and equality, as they first appear to be.
      PubDate: 2014-01-01T00:00:00Z
       
 
 
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