Browsing Journals by Subject "Judicial review"
Now showing items 1-7 of 7
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Gyorfi T Against the New Constitutionalism (Edward Elgar Publishing Cheltenham, UK 2016)
(2017-05-16)This contribution reviews the book entitled Against the New Constitutionalism authored by Tamas Gyorfi. He challenges the pivotal role given to judges in constitutional adjudication. -
Judicial review of the legislative process in Lesotho : lessons from South Africa
(PER/PELJ, 2019)The Constitution of Lesotho, 1993 has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process ... -
Legal Standing of victims in criminal proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC)
(PER/PELJ, 2020)In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed ... -
Public litigation and the concept of "deference" in judicial review
(2015)The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the ... -
Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)
(PER/PELJ, 2021)In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in ... -
What happens when the judiciary switches roles with the legislator? An innovative Israeli version of a mixed jurisdiction
(2012)Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic ... -
When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Effective legal redress against unlawful building works or construction activities can be an elusive target. Given the desirability of legal certainty attached to administrative decisions in terms of which building plans ...
