Browsing PER: Potchefstroom Electronic Law Journal by Author "Malan, Koos"

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Deliberating the rule of law and constitutional supremacy from the perspective of the factual dimension of law

Malan, Koos (2015)

Positive law is two-dimensional: it has a justice (or ideal) dimension (and requisite) and a factual (or real) dimension (and requisite). Both are essential. Hence positive law lapses when either of the two is absent. In ...
Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa

Malan, Koos (2014)

The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately ...