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Transitional Justice, Distributive Justice, and Transformative Constitutionalism
This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.
Administrative Law in South Africa
Preface -- Table of cases -- 1. Introduction to administrative law -- 2. The control of administrative power -- 3. Judicial review -- 4. Administrative action -- 5. Lawfulness -- 6. Reasonableness -- 7. Procedural fairness -- 8. Reasons -- 9. Standing -- 10. Remedies and procedures -- app. 1. Constitutional rights to administrative justice -- app. 2. Promotion of Administrative Justice Act 3 of 2000 -- Index.
Fundamental Rights and the Legal Obligations of Business
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Truth and Reconciliation Commission of South Africa Report
CD contains the entire text of the five volume set.
Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and artic...
Comparative Human Rights Law
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a gr...
Patriots & Parasites
Patriots & Parasites, completed just days before Smuts's unexpected death in 2016, is her account of the momentous period in South African history known as the Transition Era, through the lens of her 25-year career as a key opposition MP and a respected legislator. With ambitious breadth and rare insight, she examines: The arduous but exhilarating work of writing the Constitution and the Bill of Rights; The great experiment in catharsis that was the Truth and Reconciliation Commission; The reinvigoration of racial polarisation under the Mbeki administration, and the slow burn of resentment that is coming to a head among the next generation (as manifested in the #RhodesMustFall campaign); The entrenchment of cronyism under Zuma, and the fight to protect the crucial balance of accountability enshrined in the freedom of the media and the independence of the judiciary.
The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
The Arms Trade
Presents different views on the status of the arms trade worldwide, the justifications for this trade, possible arms trade controls, and other concerns.
Lawyers in Turmoil
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