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The Language of Constitutional Comparison
In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings. Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well...
Debunking Delusions
An insider's view of the state-supported AIDS denial of South African leaders Thabo Mbeki and Manto Shabalala-Msimang, this memoir describes a great triumph of citizen activism. The account begins with the efforts of the Treatment Action Campaign (TAC) to rouse public alarm over the puzzling intransigence of the government and the lack of drugs for people suffering from untreated AIDS. Finally, this book details how TAC ultimately succeeded on a much larger scale, as the group exposed corrupt doctors Matthias Rath and Zeblon Gwala and publicized the case of patient Andile Madondile, who had been deceived about his medicine.
The Quest for Constitutionalism
This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the impor...
The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Advocates for Change
In his insightful bestseller, Architects of Poverty, Moeletsi Mbeki examined why Africans comprise the majority of the world’s bottom billion, illustrating how Africa’s political elite are to blame. Not content with articulating only the problems, in Advocates for Change Mbeki brings together experts from across the continent who believe there are solutions to the challenges that Africa faces. In these pages you will hear from L. Amédée Darga on Mauritius; David Everatt on class formation and inequality; Mike Herrington on entrepreneurship; Jonathan D. Jansen on education; Paul Jourdan on mineral resources; Gilbert M. Khadiagala on elections; Thandika Mkandawire on re-industrialisation; Seeraj Mohamed on the economy; Sindiso Ndema Ngwenya on regional integration; Mandivamba Rukuni on traditional agriculture; and Francois Venter and Helen Rees on health. This accessible, highly informative collection covers diverse fields to reveal in thought-provoking chapters how Africa can once more be set on the road to development.
HIV/AIDS in the Post-HAART Era
The science of the virus and its effects and the clinical approaches to its treatment and transmission prevention are placed in the context of the history and epidemiology of the HIV-AIDS pandemic. Each organ system of the body is explored as to manifestations of the disease, treatment now and in the future, as well as what the disease has taught us about the immune response. The science of epidemiology, which is so important in allowing for tracking of the disease and potential limitation of transmission, is another aspect of AIDS explored in detail. The pandemic manifests differently in different parts of the world, and the relevance of the volume is enhanced by its international group of contributors. No other text provides the historical and epidemiological context of this disease along with an update of diagnosis and treatment. The underlying science and epidemiology of AIDS are not neglected, so the student or clinician who is treating patients with AIDS can gain a full understanding of HIV/AIDS in individual patients and in their communities.
Judicial Recourse to Foreign Law
Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.
