Browsing PER: Potchefstroom Electronic Law Journal by Title
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Jacobsohn G and Schor M (eds) Comparative constitutional theory (Edward Elgar Publishing Cheltenham, UK 2018) ISBN 978 1 78471 912 8 (cased); 978 1 78471 913 5 (eBook)
(PER/PELJ, 2019)This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory, and edited by Gary Jacobsohn and Miguel Schor. It was published in 2018 by Edward Elgar ... -
Johannes Althusius' Grand Federalism, the Role of the Ephors and Post-Statist Constitutionalism
(2017-12-05)This article discusses the primary structures Johannes Althusius’ constitutionalism, as explained in his Politica: Politics Methodically Set Forth and Illustrated with Sacred and Profane Examples published in 1603. The ... -
Jordan v Farber (1352/90) [2009] ZANCHC 81 (15/12/2009)
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to ... -
Judging the Holy Cow : Examining the Role of Implicit Bias in Judicial Rulings An Analysis of the Decision in Mbena v Minister of Justice and Correctional Services 2015 4 All SA 361 (ECP)
(PER/PELJ, 2022)This contribution is an investigation into the role of implicit (as opposed to explicit) biases in judicial rulings by examining the judgment of Chetty J in Mbena v Minister of Justice and Correctional Services 2015 4 All ... -
Judging Under a Bill of Rights
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Judicial "translation" and contextualisation of values: rethinking the development of customary law in Mayelane
(2015)The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In ... -
Judicial defence of constitutionalism in the assessment of South Africa's international obligations
(PER/PELJ, 2019)The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The ... -
Judicial law-making: unlocking the creative powers of judges in terms of Section 39(2) of the constitution
(2016)The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African ... -
Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia
(PER/PELJ, 2019)The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. ... -
Judicial review of the legislative process in Lesotho : lessons from South Africa
(PER/PELJ, 2019)The Constitution of Lesotho, 1993 has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process ... -
Judicial understanding of the reliability of eyewitness evidence: a tale of two cases
(2016)One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it ... -
Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ)
(PER/PELJ, 2020)The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 ... -
"Just Piles of Rocks to Developers but Places of Worship to Native Americans" - Exploring the Significance of Earth Jurisprudence for South African Cultural Communities
(2015)Throughout the years cultural communities across the world have borne witness to many unending attempts at the destruction of their places of worship. This endemic problem has arisen in a number of places, such as in the ... -
"Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008
(2011)In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ... -
Justice delayed is justice denied: protecting miners against occupational injuries and diseases: comments on Manyaki v Anglogold Ashanti LTD 2011 32 ILJ 545 (CC)
(2011)In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and ... -
Justificatory theories for intellectual property viewed through the constitutional prism
(PER, 2018)In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, ... -
Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GNP): intermediary appointment reports and a child's right to privacy versus the right of an accused to access to information
(2017)General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to ... -
Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille.
(2009)A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is ... -
Key considerations for traditional residential Universities intending to offer Bachelor of Laws (LLB) through the distance mode of tuition : a case study
(PER/PELJ, 2021)This case study aims to provide key considerations that traditional residential universities should consider when deciding to offer a distance tuition programme alongside an existing contact tuition programme. The University ...
