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Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)
This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ...
Constitutional conversations in the anthropocene: in search of environmental Jus Cogens Norms
(Springer Link, 2015)
This chapter investigates the existence of environmental jus cogens norms and the possibility of extending peremptory norms into the environmental domain. For this purpose, the chapter briefly describes the trite manifestation ...
Menseregte, die omgewing en omgewingskonstitusionalisme
(LitNet, 2015)
As one of the primary expressions of substantive constitutionalism, human rights are considered ethical demands that operate at an elevated juridical level. The appeal of human rights to social movement energies and energetic ...
Transformasie en die universiteitswese = Transformation and the University Sector
(Suid-Afrikaanse Akademie vir Wetenskap en Kuns, 2016)
"Transformation" is not defined in parliamentary legislation or the Constitution. Nevertheless, the policy documents of the Government and the ANC bestow immense importance on the notion, which bears significant ideological, ...
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 ...