for Journals by Title or ISSN
for Articles by Keywords
help
  Subjects -> LAW (Total: 1456 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (49 journals)
    - CORPORATE LAW (89 journals)
    - CRIMINAL LAW (26 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (146 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (184 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (872 journals)
    - LAW: GENERAL (9 journals)

LAW (872 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Revenue Law Journal     Open Access  
Review of Central and East European Law     Hybrid Journal   (Followers: 8)
Review of European Administrative Law     Full-text available via subscription   (Followers: 1)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of Finance     Hybrid Journal   (Followers: 55)
Review of Litigation, The     Full-text available via subscription  
Review of Politics     Full-text available via subscription   (Followers: 5)
Revista Acadêmica : Faculdade de Direito do Recife     Open Access  
Revista Arbitrada de Ciencias Jurídicas y Criminalísticas Iustitia Socialis     Open Access  
Revista Brasileira de Direito     Open Access   (Followers: 2)
Revista Catalana de Dret Privat     Open Access  
Revista catalana de dret públic     Open Access   (Followers: 2)
Revista CESCO de Derecho de Consumo     Open Access   (Followers: 1)
Revista Chilena de Derecho     Open Access   (Followers: 1)
Revista Chilena de Derecho del Trabajo y de la Seguridad Social     Open Access  
Revista Chilena de Derecho Privado     Open Access  
Revista Chilena de Derecho y Tecnología     Open Access  
Revista Chilena de Historia del Derecho     Open Access   (Followers: 1)
Revista Científica do Curso de Direito     Open Access  
Revista da Faculdade de Direito UFPR     Open Access   (Followers: 1)
Revista da Faculdade Mineira de Direito     Open Access  
Revista de Bioética y Derecho     Open Access  
Revista de Ciencias Jurídicas     Open Access   (Followers: 1)
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho (Coquimbo)     Open Access  
Revista de Derecho (Valparaiso)     Open Access  
Revista de Derecho de la Seguridad Social, Laborum     Open Access   (Followers: 2)
Revista de Derecho de la UNED (RDUNED)     Open Access  
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Derecho Fiscal     Open Access  
Revista de Derecho Político     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Público     Open Access  
Revista de Direito     Open Access  
Revista de Direito Agrário e Agroambiental     Open Access  
Revista de Direito Ambiental e Socioambientalismo     Open Access  
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de Direito da Administração Pública     Open Access  
Revista de Direito da Faculdade Guanambi     Open Access  
Revista de Direito Sanitário     Open Access  
Revista de Direito Sociais e Políticas Públicas     Open Access  
Revista de Educación y Derecho     Open Access  
Revista de Estudios de la Justicia     Open Access  
Revista de Estudios Historico-Juridicos     Open Access   (Followers: 1)
Revista de Estudos Empíricos em Direito     Open Access  
Revista de Estudos Institucionais     Open Access  
Revista de Historia del Derecho     Open Access   (Followers: 1)
Revista de la Escuela de Medicina Legal     Open Access   (Followers: 3)
Revista de la Facultad de Derecho     Open Access  
Revista de la Facultad de Derecho y Ciencias Políticas     Open Access  
Revista de la Maestría en Derecho Procesal     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista de Llengua i Dret     Open Access  
Revista de Movimentos Sociais e Conflitos     Open Access  
Revista de Processo, Jurisdição e Efetividade da Justiça     Open Access  
Revista de Sociologia, Antropologia e Cultura Jurídica     Open Access  
Revista Derecho del Estado     Open Access  
Revista Diálogos do Direito     Open Access  
Revista Digital Constituição e Garantia de Direitos     Open Access  
Revista Digital de Derecho Administrativo     Open Access  
Revista Direito Ambiental e Sociedade     Open Access   (Followers: 1)
Revista Direito GV     Open Access   (Followers: 1)
Revista Direitos Emergentes na Sociedade Global     Open Access   (Followers: 1)
Revista Direitos, Trabalho e Política Social     Open Access  
Revista do Curso de Direito     Open Access  
Revista do Curso de Direito do Centro Universitário Brazcubas     Open Access  
Revista Electrónica Cordobesa de Derecho Internacional Público : RECorDIP     Open Access  
Revista Eletrônica Direito e Política     Open Access  
Revista Eletrônica do Curso de Direito - PUC Minas Serro     Open Access  
Revista Eletrônica do Curso de Direito da UFSM     Open Access   (Followers: 2)
Revista Española de Medicina Legal     Full-text available via subscription   (Followers: 1)
Revista Estudios Jurídicos     Open Access  
Revista Estudios Socio-Jurídicos     Open Access   (Followers: 1)
Revista Eurolatinoamericana de Derecho Administrativo     Open Access  
Revista Historia y Justicia     Open Access  
Revista Icade. Revista de las Facultades de Derecho y Ciencias Económicas y Empresariales     Full-text available via subscription  
Revista Internacional de Derecho del Turismo     Open Access  
Revista IUS     Open Access  
Revista Jurídica     Open Access   (Followers: 1)
Revista Jurídica da UFERSA     Open Access  
Revista Jurídica de Asturias     Open Access  
Revista Jurídica de la Universidad de León     Open Access  
Revista Jurídica do Cesuca     Open Access  
Revista Jurídica IUS Doctrina     Open Access  
Revista Jurídica Portucalense/Portucalense Law Journal     Open Access  
Revista Jurídica Universidad Autónoma de Madrid     Open Access  
Revista Latinoamericana de Derecho Social     Open Access   (Followers: 1)
Revista Latinoamericana de Derechos Humanos     Open Access   (Followers: 2)
Revista Opinión Jurídica     Open Access  
Revista Pedagogía Universitaria y Didáctica del Derecho     Open Access  
Revista Persona y Derecho     Full-text available via subscription  
Revista Pesquisas Jurídicas     Open Access  
Revue générale de droit     Full-text available via subscription   (Followers: 3)
Revue internationale de droit pénal     Full-text available via subscription  
Revue Marocaine de Droit, d’Economie et de Gestion     Open Access  
Revue pro právo a technologie     Open Access  
Riau Law Journal     Open Access  
RUDN Journal of Law     Open Access  
Russian Law Journal     Open Access  
Russian Politics & Law     Full-text available via subscription   (Followers: 9)
SA Mercantile Law Journal = SA Tydskrif vir Handelsreg     Full-text available via subscription   (Followers: 1)
Santa Clara Computer & High Technology Law Journal     Open Access   (Followers: 5)
Santa Clara Law Review     Open Access  
Science & Justice     Hybrid Journal   (Followers: 444)
ScienceRise : Juridical Science     Open Access  
Scientiam Juris     Open Access   (Followers: 1)
Scientometrics     Hybrid Journal   (Followers: 37)
SCRIPTed - A Journal of Law, Technology & Society     Open Access   (Followers: 13)
Seattle Journal for Social Justice     Open Access   (Followers: 3)
Seattle University Law Review     Open Access   (Followers: 3)
Selçuk Üniversitesi Hukuk Fakültesi Dergisi / Selçuk Law Review     Open Access  
Seqüência : Estudos Jurídicos e Políticos     Open Access  
Seton Hall Circuit Review     Open Access  
Seton Hall Journal of Sports and Entertainment Law     Open Access   (Followers: 3)
Seton Hall Law Review     Open Access   (Followers: 2)
Singapore Academy of Law Annual Review of Singapore Cases     Full-text available via subscription  
Singapore Academy of Law Journal     Full-text available via subscription  
Singapore Journal of Legal Studies     Full-text available via subscription   (Followers: 4)
Social & Legal Studies     Hybrid Journal   (Followers: 9)
Social Security Reporter     Full-text available via subscription   (Followers: 3)
Società e diritti     Open Access  
Sociologia del diritto     Full-text available via subscription   (Followers: 1)
Sociological Jurisprudence Journal     Open Access  
Soumatera Law Review     Open Access  
South African Crime Quarterly     Open Access   (Followers: 9)
South African Journal of Bioethics and Law     Open Access   (Followers: 1)
South African Journal of Environmental Law and Policy     Full-text available via subscription  
South African Law Journal     Full-text available via subscription   (Followers: 5)
South East European University Review (SEEU Review)     Open Access   (Followers: 1)
Southern African Public Law     Full-text available via subscription  
Southern Illinois University Law Journal     Open Access   (Followers: 1)
Sri Lanka Journal of Forensic Medicine, Science & Law     Open Access   (Followers: 1)
St. John's Law Review     Open Access  
Stanford Law & Policy Review     Full-text available via subscription   (Followers: 5)
Stanford Law Review     Free   (Followers: 35)
Stanford Technology Law Review     Free   (Followers: 1)
Statute Law Review     Hybrid Journal   (Followers: 17)
Statutes and Decisions : Laws USSR     Full-text available via subscription   (Followers: 2)
Studenckie Zeszyty Naukowe     Open Access  
Studia Canonica     Full-text available via subscription  
Studia Iuridica Lublinensia     Open Access  
Studia Iuridica Toruniensia     Open Access  
Studia z Prawa Wyznaniowego     Open Access   (Followers: 1)
Studies in Social Justice     Open Access   (Followers: 10)
Suffolk University Law Review     Free  
Suhuf     Open Access  
Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Supremasi Hukum : Jurnal Penelitian Hukum     Open Access  
Supreme Court Review, The     Full-text available via subscription   (Followers: 6)
Sustainable Development Law & Policy     Open Access   (Followers: 12)
Swiss Political Science Review     Hybrid Journal   (Followers: 13)
Sydney Law Review     Full-text available via subscription   (Followers: 14)
Syiar Hukum     Open Access  
Tanjungpura Law Journal     Open Access  
Társadalomkutatás     Full-text available via subscription   (Followers: 1)
Tax Law Review     Full-text available via subscription   (Followers: 10)
Te Mata Koi : Auckland University Law Review     Full-text available via subscription   (Followers: 7)
Teisė : Law     Open Access  
Temas Socio-Jurídicos     Open Access  
Texas Journal of Women and the Law     Full-text available via subscription   (Followers: 1)
Texas Law Review     Free   (Followers: 10)
Texas Review of Law & Politics     Full-text available via subscription   (Followers: 1)
The American Lawyer     Full-text available via subscription   (Followers: 2)
The Journal of Legislative Studies     Hybrid Journal   (Followers: 11)
The Jurist : Studies in Church Law and Ministry     Full-text available via subscription   (Followers: 1)
The Modern American     Open Access   (Followers: 1)
The National Legal Eagle     Open Access  
THEMIS - Revista de Derecho     Open Access   (Followers: 3)
Theoretical Criminology     Hybrid Journal   (Followers: 40)
Theoretical Inquiries in Law     Hybrid Journal   (Followers: 7)
Theory and Practice of Legislation     Full-text available via subscription   (Followers: 2)
Ticaret ve Fikri Mülkiyet Hukuku Dergisi     Open Access  
Tidsskrift for erstatningsrett, forsikringsrett og trygderett     Full-text available via subscription  
Tidsskrift for Rettsvitenskap     Full-text available via subscription  
Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review     Hybrid Journal   (Followers: 17)
Tijdschrift voor Religie, Recht en Beleid     Full-text available via subscription   (Followers: 1)
Tilburg Law Review     Open Access   (Followers: 5)
Toruńskie Studia Polsko-Włoskie     Open Access  
Touro Law Review     Open Access  
Transactions : The Tennessee Journal of Business Law     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Transnational Legal Theory     Hybrid Journal   (Followers: 3)
Transport Policy     Hybrid Journal   (Followers: 16)
Transportation Planning and Technology     Hybrid Journal   (Followers: 8)
Trusts & Trustees     Hybrid Journal   (Followers: 5)
Tulane Law Review     Open Access   (Followers: 4)
Tulsa Law Review     Open Access   (Followers: 1)
UCL Journal of Law and Jurisprudence     Open Access   (Followers: 3)
UCLA Entertainment Law Review     Open Access  
UCLA Law Review     Free   (Followers: 8)
UCLA Women's Law Journal     Open Access   (Followers: 2)
Udayana Journal of Law and Culture     Open Access  
UniSA Student Law Review     Open Access  
University of Baltimore Journal of Land and Development     Open Access  
University of Baltimore Law Forum     Open Access  
University of Baltimore Law Review     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
Southern African Public Law
Number of Followers: 0  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2219-6412
Published by UNISA Homepage  [7 journals]
  • Southern African Public Law: Editorial note from one of the organisers of
           the Conference entitled Land and Housing : Prospects and Challenges
           presented under the auspices of the Social Security Flagship, a community
           engagement initiative established by the College of Law, Unisa : editorial
           
    • Authors: Viljoen; Sue-Mari
      Abstract: In September 2014, the Social Security Flagship - a community engagement initiative established by the College of Law, University of South Africa (Unisa) - hosted a national conference titled 'Land and housing: Prospects and challenges'. The overall purpose of the Conference, namely, to discuss a broad spectrum of housing matters and determine how this area of law has contributed, on the one hand, to the alleviation of poverty and, on the other hand, entrenched it, was therefore in line with the aim of the Social Security Flagship, which is to analyse the extension of social assistance coverage to the poor and vulnerable. The Constitutional Court has decided that the right to housing is essential to give effect to human dignity, equality and freedom, the foundational values of our society, since these values are denied those who have no shelter, food or clothing. The section 26 right of access to adequate housing is indivisible from other rights, such as human dignity, since homelessness goes 'to the core of a person's life and dignity'. Furthermore, according to the Bill of Rights, the deprivation of socio-economic rights, including the right to housing, 'impedes the development of a whole range of human capabilities, including the ability to fulfil life plans and participate effectively in political, economic and social life'. The provision of housing is therefore an essential human right and key to the eradication of poverty in South Africa.
      PubDate: 2016-11-17T06:57:32Z
       
  • Southern African Public Law: Land reform and housing : reaching for the
           rafters or struggling with foundations?
    • Authors: Pienaar; Juanita M
      Abstract: With regard to land reform and housing, the pressing question is whether South Africans have indeed reached their rafters (ie the structures which make up the main framework of all roofs) and are therefore in the process of fixing roofs and enjoying protection against the elements, or are they still struggling with foundations? Within the context of housing, this overarching question also reflects on what would constitute the 'foundation' in order to enable the eventual construction of rafters to support the roof. What is the link between the foundation, required to stabilise the building on the one hand; and land reform and housing on the other? Inevitably further questions follow: if there is a link between land reform and housing, how and why did it emerge? What does the link entail and how is it dealt with? What are the difficulties and shortcomings that threaten the link and how can these threats be addressed? Essentially the premise is that access to housing (the rafters that support the roof) cannot and will not be achieved if access to land (the foundation) is not realised. The more sound the foundation, the better the overall structure and inevitably,the rafters in support of the roof. As will be explained, various approaches to foundations exist, depending on the kind of building to be constructed, the location thereof and the environmental and geographical considerations. Similarly, access to land, forming the foundation, may be approached from various perspectives, including inter alia relational, economic, property law and land reform approaches. The conclusion is reached that as builders South Africans have to harness all the tools they have at their disposal: definitely land reform tools, but also property law, planning and construction and economic and financial mechanisms, mixed in with creativity and commitment. It is imperative that sufficient land, ideally located, is secured in time and in a constitutional manner, so that the walls can be built in order to finally, secure the roof so desperately needed.
      PubDate: 2016-11-17T06:57:31Z
       
  • Southern African Public Law: Can SPLUMA play a role in transforming
           spatial injustice to spatial justice in housing in South Africa?
    • Authors: Van Wyk; Jeannie
      Abstract: Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMAdirects municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.
      PubDate: 2016-11-17T06:57:30Z
       
  • Southern African Public Law: Proposing a way to develop the substantive
           content of the right of access to adequate housing : an alternative to the
           reasonableness review model
    • Authors: Muller; Gustav
      Abstract: In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court's prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness review. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible - given that South Africa has recently ratified the ICESCR - and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts 'interpret' reasonableness, that is, how courts review compliance with section 26 at present if 'adequate' housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.
      PubDate: 2016-11-17T06:57:29Z
       
  • Southern African Public Law: The systemic violation of section 26(1) : an
           appeal for structural relief by the judiciary
    • Authors: Viljoen S.
      Abstract: In 2014, a year supposedly marked to celebrate twenty years of democracy and the transformation of our housing regime from one being grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution the poorest households in South Africa remain subject to not only intolerable housing conditions, but also unlawful state evictions. The housing jurisprudence has developed certain indicators of the state's constitutional obligations and these indicators constitute the courts' conception of its expectations of the state in complex housing disputes that generally concern homelessness/landlessness. However, recent state actions taken in contravention of section 26 indicate the systemic violation of the right to the extent that it is deprived of all meaning. With the required cognisance of the courts' inherent competencies, concerns for separation of powers boundaries and an inclination to maintain a high level of deference in polycentric matters with economic and social consequences for the community, the courts are obliged to hold government accountable and vindicate the violation of fundamental rights. A form of reparation is therefore required that is able to address these violations in a systemic manner, without usurping the functions of the executive. Structural relief is apt in such instances, provided that it is structured in a specific manner to address immediate and long-term housing needs in a way consistent with other constitutional provisions and the underlying values of the Constitution. A once-off form of relief is inappropriate to counter the systemic violation of the right of access to adequate housing. On the other hand, a structural interdict is different to the extent that it can consist of different remedial phases over which the court retains jurisdiction to ensure that the state complies with its section 26(2) obligations. Throughout this process of supervision the court should encourage a dialogue between the different stakeholders and assist with predeterminations of the kinds of governmental actions that would be unreasonable, procedurally unfair and generally in contravention of the Constitution.
      PubDate: 2016-11-17T06:57:29Z
       
  • Southern African Public Law: A closer look at the right to have access to
           adequate housing for inhabitants of informal settlements post Grootboom
    • Authors: Tshoose; Clarence
      Abstract: In South Africa informal settlement dwellers are faced with a myriad of socio-economic problems, which relate, amongst others, to living standards, access to basic services, and suitable housing. Not withstanding these problems, the Constitution affords everyone the right to have access to adequate housing. It also makes it obligatory for the state 'to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right'. In light of the above, this article examines the constitutional obligation on the state to provide informal settlement dwellers the right of access to adequate housing. It explores some of the landmark cases that have shaped the jurisprudence of the right to have access to adequate housing in South Africa post the ground-breaking Constitutional Court's Grootboom decision.
      PubDate: 2016-11-17T06:57:28Z
       
  • Southern African Public Law: The right to housing : challenges associated
           with the 'waiting list system' Ekurhuleni Metropolitan Municipality v
           Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)
    • Authors: Ebrahim; Shamier
      Abstract: The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.
      PubDate: 2016-11-17T06:57:27Z
       
  • Southern African Public Law: Judicial review of executive power :
           legality, rationality and reasonableness (part 1)
    • Authors: Okpaluba; Chuks
      Abstract: Early in the life of the South African democratic dispensation, the Constitutional Court distinguished the conduct of the President as the head of the executive branch of government from an administrative action. However, it held that executive conduct was, like all exercise of public power, constrained by the constitutional principles of legality and rationality. So, as a necessary incident of the rule of law, the executive may not exercise powers or perform duties not conferred upon it by the Constitution and the law. The cases decided since then demonstrate in practical and theoretical terms the democratic aphorism that no one is above the law and everyone is subject to the Constitution and the law. In the process, the Constitutional Court has entertained appeals for the review of executive powers such as where, inter alia, the President had acted on a wrong advice or terminated the appointment of the head of the National Intelligence Agency; the legality of Ministerial Regulations and of the rationality of the presidential appointment of the Director of the National Prosecuting Authority. The role of reasonableness as a ground of review of executive conduct rather than administrative action has been demonstrated in the many cases where the distinction has been made between the rationality test and the reasonableness test. The conclusion, therefore, is that, through their interpretation of the Constitution and review of executive powers, the courts have developed a code of principles regarding the rule of law, good government, and democracy.
      PubDate: 2016-11-17T06:57:26Z
       
  • Southern African Public Law: A critique of search and seizure in terms of
           a search warrant in South African criminal procedure
    • Authors: Basdeo; Vinesh
      Abstract: The requirements and safeguards for a valid search warrant in South African criminal procedure are critically analysed in this article. The existence of safeguards to regulate the way in which law enforcement officials may enter the private sphere of ordinary citizens is one of the features that distinguish a constitutional democracy from a police state. South African experience has been notoriously varied in this regard. Many generations of systemised and egregious violations of personal privacy established norms for citizens that seeped generally into the public administration and promoted amongst a great many officials habits and practices inconsistent with the standard of conduct now required by the Bill of Rights. Today, law enforcement officials must be highly skilled in the use of investigative tools and extremely knowledgeable about the intricacies of the law. One error in judgment during initial contact with a suspect can, and often does, impede the investigation and could affect the fairness of the trial. For example, an illegal search may so contaminate evidence obtained that it will not be admitted as evidence in court. In addition to losing evidence for prosecution purposes, failing to comply with constitutional mandates often leads to liability on the part of the law enforcement official.
      PubDate: 2016-11-17T06:57:25Z
       
  • Southern African Public Law: Zimbabwe's 'look East' policy : a socio-legal
           perspective
    • Authors: Soyapi; Caiphas B.
      Abstract: The studies of the relations between China and Zimbabwe, as with other studies of Chinese relations with African states, have focused largely on the socio-economic and political aspects thereof. There has not been a discussion on the socio-legal perspectives of the relationship. The point of departure is that any relations between China and Zimbabwe must be legally sustainable. The socio-economic consequences of the relations are identified and analysed from a legal perspective, which leads to the conclusion that the 'look East' policy adopted by the Zimbabwean government as a way to counter sanctions imposed by the West is an intermestic policy. Based on national and international laws or standards of conduct expected of states, the Zimbabwean government's failure to protect industries, the environment, labour rights and the trade in armaments at critical moments indicates an abdication of its duties.
      PubDate: 2016-11-17T06:57:24Z
       
  • Southern African Public Law: Revisiting section 81 of the Constitution
           :the commencement date of legislation (legislative power) distinguished
    • Authors: Wolf; Loammi
      Abstract: Section 81 of the Constitution regulates promulgation through publication as part of the legislative process (ie, a procedural norm). The provision further creates a presumption that unless the legislature explicitly determines a commencement date in an Act it enters into force upon promulgation. The commencement date of legislation is thus part of the contents of a statute (ie, a substantive norm), which must be determined by the legislature when adopting the legislation. In a number of judgments, however, the Constitutional Court espoused the idea that the commencement date is part of the legislative process instead of being part of the contents of a statute. Thus it allowed the legislature to delegate its power to determine a commencement date for legislation to the president as head of state in transgression of section 44(1)(a)(iii) of the Constitution: this provision only mandates a delegation of core legislative powers to another legislative body. The confusion is partly due to an initial tendency of the Constitutional Court to interpret constitutional provisions in isolation and partly to the unconsidered re-importation of Westminster constitutional common law. In the Westminster system a delegation of the power to determine a later commencement date for legislation (ie, after promulgation) to the executive and/or head of state was justified in terms of the doctrine of parliamentary sovereignty. Parliamentary sovereignty, however, was abolished in 1994: such a delegation of power is no longer compatible with sections 44(1)(a)(iii), 55(2)(b)(i), 79 and 87 of the Constitution. Lately, the Constitutional Court even ruled that the power to determine a commencement date for legislation is an executive power, which is to be exercised in terms of sections 85 and 101 of the Constitution, although section 81 explicitly confers this power upon the legislature. A reconsideration of the Court's interpretation of section 81 is therefore overdue : it not only compromises legislative power and the separation of powers, but goes to the substance of the rule of law and legal certainty as foundational values of the constitutional state.
      PubDate: 2016-11-17T06:57:23Z
       
  • Southern African Public Law: Onrus en Geweld : 2015 (1)
    • Authors: Du Plessis; Willemien, Olivier, Nic, Pienaar, Juanita
      Abstract: Onrus en Geweld: 2015 (1)
      PubDate: 2016-11-17T06:57:22Z
       
  • Southern African Public Law: Land matters and rural development: 2015 (1)
           : case note
    • Abstract: Government has increased its focus on land reform and several redistribution programmes have been launched. The re-opening of the land restitution process in July 2014 has resulted in several new claims being instituted. By 30 January 2015, more than 46 058 claims have been received by the Commission on Restitution of Land Rights (CRLR) (Department of Rural Development and Land Reform (DRDLR) 'Annual Performance Plan 2015/16' http://bit.ly/1dWfLDTaccessed 3 June 2015). The work of the CRLR has been severely criticised by the Human Rights Commission and in several court decisions. The annual reports of the DRDLR to parliament, however, all promise a new dispensation for the CRLR that would solve several of the challenges that the Commission is experiencing
      PubDate: 2016-11-17T06:57:21Z
       
  • Southern African Public Law: 'A comedy of errors' : parliament's conduct
           in relation to the tabling of a motion of no confidence in the President :
           case notes
    • Authors: Devenish; George
      Abstract: The Constitutional Court in the case of Mazibuko v Sisulu had to examine Parliament's conduct in relation to the tabling of the motion of no-confidence in the President. This case note examines the respective merits of and comments on both the majority and minority judgments of the Court. Although the minority judgment is a dissenting one, in a sense, as will explained, it can be perceived as complementary to the main judgment, as well as raising certain interesting issues, for instance, the separation of powers and constitutional conventions.
      PubDate: 2016-11-17T06:57:20Z
       
  • Southern African Public Law: The Dudley Lee Case : a new approach to
           factual causation and its implications for transformative jurisprudence
    • Authors: Meerkotter; Anmari
      Abstract: The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2 SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation - the conditio sine qua non ('but-for') test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC's broader approach to the determination of factual causation as one based on commonsense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.
      PubDate: 2016-11-17T06:57:20Z
       
  • Southern African Public Law: Unravelling the mare's nest? The
           Constitutional Court interprets the duty to exhaust internal remedies in
           the mining setting : case notes
    • Authors: Humby; Tracy, Krause, Robert
      Abstract: This Constitutional Court case involved an application by Dengetenge Holdings (Pty) (Ltd) (a junior mining company) for leave to appeal against a decision of the Gauteng North High Court setting aside the award of a prospecting right to Dengetenge, and the decision of the Supreme Court of Appeal (SCA) refusing to condone the company's late filing of its heads of argument in its appeal against the High Court's decision.
      PubDate: 2016-11-17T06:57:19Z
       
  • Southern African Public Law: The inter-relationship between administrative
           law and labour law : public sector employment perspectives from South
           Africa
    • Authors: Olivier; Marius, Govindjee, Avinash
      Abstract: The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.
      PubDate: 2016-11-16T14:28:00Z
       
  • Southern African Public Law: Legal and public trust considerations for the
           Ndumo Game Reserve and South Africa-Mozambique border, following the
           migration of the Usuthu River
    • Authors: Blackmore; Andrew
      Abstract: The Usuthu River forms part of the international boundary between South Africa and Mozambique. In 2002, this River breached its south bank within the Ndumo Game Reserve and established a new channel within the protected area. In response to the breach, Mozambique proposed the excavation of the floodplain and the establishment of berms to force the flow of the river back into its original alignment. Analysis of the origin and associated history of this portion of the international boundary indicates that it is unlikely that the international boundary has moved with the breech. Furthermore, customary international law pertaining to avulsion or mutation alvei of rivers supports the notion that the international boundary remained in the original channel of the Usuthu River. Finally, case history of a similar circumstance in Africa affirms that this boundary is unlikely to have shifted with the avulsion of the Usuthu River. The Mozambican proposal brings to the fore an array of public trust considerations which are founded in South Africa's Constitution, and environmental and biodiversity conservation legislation. These considerations prohibit the excavation of the Ndumo Game Reserve. The concept of the state acting as a trustee for, inter alia, biodiversity and protected areas, is reinforced by various water and biodiversity-orientated multilateral agreements to which South Africa is a signatory. Within these, the ones adopted by the Southern African Development Community are the most profound in that they, and specifically the Protocol on Wildlife Conservation and Law Enforcement, enjoin state parties from taking decisions that may cause damage to the trust entity beyond the limits of their sovereignty.
      PubDate: 2016-11-16T14:27:59Z
       
  • Southern African Public Law: Judicial review of executive power :
           legality, rationality and reasonableness (2)
    • Authors: Okpaluba; Chuks
      Abstract: For the sake of context, the abstract of this contribution is repeated below (see (2015) 30(1) SAPL for Part 1 of this article).. Early in the life of the South African democratic dispensation, the Constitutional Court distinguished the conduct of the President as the head of the executive branch of government from an administrative action. However, it held that executive conduct was, like all exercise of public power, constrained by the constitutional principles of legality and rationality. So, as a necessary incident of the rule of law, the executive may not exercise powers or perform duties not conferred upon it by the Constitution and the law. The cases decided since then demonstrate in practical and theoretical terms the democratic aphorism that no one is above the law and everyone is subject to the Constitution and the law. In the process, the Constitutional Court has entertained appeals for the review of executive powers such as where, inter alia, the President had acted on wrong advice or terminated the appointment of the head of the National Intelligence Agency; the legality of Ministerial Regulations and of the rationality of the presidential appointment of the Director of the National Prosecuting Authority. The role of reasonableness as a ground of review of executive conduct rather than administrative action has been demonstrated in the many cases where the distinction has been made between the rationality test and the reasonableness test. The conclusion, therefore, is that, through their interpretation of the Constitution and review of executive powers, the courts have developed a code of principles regarding the rule of law, good government, and democracy.
      PubDate: 2016-11-16T14:27:58Z
       
  • Southern African Public Law: Animal rights theory, animal welfarism and
           the 'new welfarist' amalgamation : a critical perspective
    • Authors: De Villiers; Jan-Harm
      Abstract: Adherents of the 'new welfarist' approach advocate welfare reforms as essential short-term steps en route to the ultimate ideal of animal rights. A critical engagement with the ideological underpinnings of animal welfare theory and animal rights theory illustrates the contrasting moral spaces that the animal occupies in these theories and that the 'new welfarist' approach is philosophically unsound in assuming that these approaches are ideologically compatible. Karin van Marle's 'jurisprudence of slowness' and Jacques Derrida's exposition of the sacrificial logic underlying Western culture's exclusion of animals from the 'thou shalt not kill' proscription provides a framework within which to illustrate and engage with the ideological purlieu that separates these theories.
      PubDate: 2016-11-16T14:27:57Z
       
  • Southern African Public Law: Can estoppel be raised against an eviction in
           terms of PIE?
    • Authors: Du Plessis; Elmien (W.J.)
      Abstract: Estoppel is a well-known defence against (or limitation on) the rei vindicatio. This would be the case for example where the owner by some representation creates the impression that a third party is the owner of a thing and that the third party has the capacity to alienate the property. The bona fide third party can, when the owner then institutes the rei vindicatio to recover his property, raise estoppel and preclude the real owner from claiming his property.. Before 2002, if one wanted to evict an unlawful occupier from certain residential premises, one would institute the rei vindicatio. In Ndlovu v Ngcobo; Bekker v Jika [2002] 4 All SA 384 (SCA) the court, however, ruled that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) must be used in all instances of evicting people from urban residential premises. The question is: does estoppel serve as a defence/limit in the application of PIE? Surprisingly few cases deal with this issue. The court in Joe Slovo made a few remarks about the possibility of using estoppel as a defence against the rei vindicatio by looking at the interpretation of 'tacit consent' required by PIE. This article will interpret provisions of PIE and look at case law that deals with the use of estoppel in lease cases. It will conclude by remarking on the feasibility of using estoppel as a defence in PIE eviction cases.
      PubDate: 2016-11-16T14:27:56Z
       
  • Southern African Public Law: Does the Constitution call for the
           criminalisation of hate speech?
    • Authors: Marais; Marelize
      Abstract: The clear-cut exclusion from constitutional protection of 'hate speech' contemplated by section 16(2)(c) of the Constitution is not per se concerned with the expression or promotion of hurtful or offensive discriminatory views, not even if intentionally aimed at disadvantaging the target group. Rather, it is concerned with the devastating human rights risk that irrational, cruel behaviour may be borne out of the hatred instilled in others by the inflammatory speech of reckless orators who advocate hatred. The article submits that existing legislative measures do not satisfactorily meet the responsibility to take necessary legislative measures to safeguard society against the realisation of this risk. It points out that while expression under section 16(2)(c) of the Constitution to a substantial extent falls within the ambit of existing criminal offences, in particular the common law offence of incitement to commit a crime, expression contemplated by section 16(2)(c) that incites others to inflict harm by means that do not constitute criminal offences, for instance, discrimination or the promotion of hatred, is prohibited under section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act, but not criminalised. Expression of this nature should be criminalised, but only when the inciting action or attitude will have the effect of victimising target groups to the extent that they are effectively prevented from exercising their constitutional rights, in particular their right to freedom of expression. An analysis of the Draft Prohibition of Hate Speech Bill, 2004 reveals that the Bill fails to provide appropriate protection. Taking into account the guarantees of the Constitution including the right to freedom of expression, international commitments, comparative law and, most significantly, relevant features of South African society, the conclusion is reached that the criminalisation of incitement to promote hatred on the grounds stipulated in section 16(2)(c), as well as on the additional grounds of sexual orientation and nationality, is indeed called for.
      PubDate: 2016-11-16T14:27:54Z
       
  • Southern African Public Law: Better late than never : lessons from S v
           Jordan in strengthening women's participation in litigation : journal
    • Authors: Spies; Amanda
      Abstract: In 2002 the South African Constitutional Court rejected the decriminalisation of sex work and for many years the judgment has constricted further debate on the topic. In 2013 organisations such as the Commission for Gender Equality have again publicly committed themselves toward lobbying for the decriminalisation of sex work. The renewed debate has necessitated a reconsideration of the Court's decision in S v Jordan and this article focuses on the organisations that participated as amicus curiae in the matter. The discussion highlights the importance of organisational participation in litigation and how this participation could provide the context in which to consider future debates on the topic.
      PubDate: 2016-11-16T14:27:53Z
       
  • Southern African Public Law: The international evolution of the right of
           children to social security
    • Authors: Nkosi; Gugulethu
      Abstract: This article seeks to provide an analysis of the right of children to social security as provided for in the various international legal instruments, and as assimilated in other legal documents. Furthermore, it argues that scarcity of resources prevents children from enjoying socio-economic rights, including the right to social security adopted through international instruments and entrenched in domestic laws. The Convention on the Rights of a Child provides for the right to social security in the event of lack of resources to benefit the child. So does the International Covenant on Economic, Social and Cultural Rights and the African Charter on the Rights and Welfare of the Child. In all the said legal instruments, the clauses on social security do not explicitly prescribe the rights that ought to be promoted through it. However, since the jurisprudence on socio-economic rights emphasises the view that socio-economic rights are interrelated, interdependent and indivisible, it can also be safely said that through social security, beneficiaries, that is children, should be able to enjoy access to other socio-economic rights in general. Therefore, the significance of the right to social security as a means to address poverty and facilitate the development of children is explored.
      PubDate: 2016-11-16T14:27:53Z
       
  • Southern African Public Law: Land matters and rural development : 2015 (2)
           : journal
    • Authors: Pienaar; Juanita, Du Plessis, Willemien, Olivier, Nic
      Abstract: In this note on land the most important measures and court decisions pertaining to restitution, land redistribution, land reform, unlawful occupation, housing, land use planning, deeds, surveying, rural development and agriculture during the period May 2015 to October 2015 are discussed.
      PubDate: 2016-11-16T14:27:52Z
       
  • Southern African Public Law: The Le Sueur case and a local government's
           constitutional right to govern : case notes
    • Authors: Muir; Andrew
      Abstract: The KwaZulu-Natal, Pietermaritzburg High Court case of Le Sueur v eThekweni Municipality was decided on the basis that a municipality, in the local government sphere, was permitted to legislate within the functional area of the environment. The Constitution of the Republic of South Africa, 1996 sets out functional areas of governmental powers in Schedules 4 and 5 and allocates these powers to National, Provincial and/or Local Government. Established jurisprudence in the Constitutional Court has entrenched the sanctity of the functional areas and interpreted these areas in such a way as to prohibit intrusion by one sphere into a functional area allocated to another. Both the 'environment' and 'municipal planning' are allocated functional areas, the first to the National and Provincial spheres concurrently and the second to local government. The judgment in the Le Sueur case is seemingly at odds with the accepted jurisprudence. Although the decision in Le Sueur seems to be intuitively correct the reasoning employed seems to be somewhat strained. This paper proposes an alternative rationale which could be used to permit the same decision to be reached in a less strained manner. The local government 'right to govern' is postulated as a plenary power granted to local government and this, in turn, requires that Schedules 4 and 5 be interpreted in a slightly different manner. If this approach is followed then local government would be entitled to legislate in the functional area of the environment (and indeed generally) subject to the limitations discussed.
      PubDate: 2016-11-16T14:27:51Z
       
  • Southern African Public Law: Cynicism and the rule of law : a critical
           analysis of President of the RSA v M&G Media Limited 2012 2 SA 50 (CC)
           and associated judgments : case notes
    • Authors: Govender; Karthy, Swanepoel, Paul
      Abstract: Omar al-Bashir from leaving South Africa. Although Al-Bashir is wanted by the International Criminal Court for war crimes and South Africa is a signatory to the Rome Statute and has passed the Implementation Act, the government failed to arrest him as required by an order of court. Short-term political considerations appear to have outweighed the need to respect the rule of law.. Parallels can be drawn between this incident and the decision by the executive to refuse access to the Khampepe Report when requested to do so by the Mail and Guardian newspaper. The report was prepared at the request of former President Mbeki by two senior South African judges, after a visit to Zimbabwe shortly before the election held in that country in 2002. In an attempt to prevent disclosure, the executive approached various courts on six different occasions and drew out the process for more than six years. . The main issue in this case is the use of section 80 of the Promotion of Access to Information Act by the courts, a discretionary power that is applied sparingly. In terms of PAIA, the state is prevented from making reference to the content of a record in order to support a claim of exemption. In such instances, section 80 provides courts with the power to inspect the record - a procedure known as a 'judicial peek' - in order to make a determination as to whether the exemption is justified. This case provides a clear example of how the state cynically used this provision as a dilatory tactic in refusing access to the report. . The current system that relies solely on the courts to handle access to information matters undermines the main objectives of the Act and is inefficient and costly. It is recommended that PAIA be amended to provide for an information commissioner with powers to mediate and make binding decisions.
      PubDate: 2016-11-16T14:27:49Z
       
 
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
Fax: +00 44 (0)131 4513327
 
Home (Search)
Subjects A-Z
Publishers A-Z
Customise
APIs
Your IP address: 18.208.159.25
 
About JournalTOCs
API
Help
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-