Browsing PER: Potchefstroom Electronic Law Journal by Subject "Common law"
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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 ... -
The origin of arbitration law in South Africa
(PER/PELJ, 2020)This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of ... -
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 ...
