Browsing PER: Potchefstroom Electronic Law Journal by Subject "Constitution"
Now showing items 1-10 of 21
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The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation
(2012)The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was ... -
Arbitrary deprivation of an unregistered credit provider's right to claim restitution of performance rendered Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
(2013)The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the ... -
The Concept of a "Decision" as the Threshold Requirement for Judicial Review in Terms of the Promotion of Administrative Justice Act
(2011)The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken by specified persons or entities. The Act goes on to define decision as “any decision of an ... -
Concepts of Justice and National Context Outlining Legal Comparisons Between the Federal Republic of Germany, the United States of America, and the People's Republic of China
(PER/PELJ, 2022)Comparative law holds the promise of improving knowledge. Looking at other legal systems enables a nuanced understanding of the rules of one's own country. While comparative law traditionally starts with a concrete issue, ... -
Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa
(2013)Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically ... -
The constitutional influence on organ transplants with specific reference to organ procurement
(2014)This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a ... -
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
(2013)Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ... -
Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten
(2008)Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The ... -
The impact of HIV/AIDS regarding informal social security: Issues and perspectives from a South African context
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of the article is to examine the right to social assistance for households living with HIV/AIDS in South Africa. In particular, the article focuses on the impact of this pandemic on households' access to ... -
The independence of South African judges: a constitutional and legislative perspective
(2015)Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ...
