[PDF] A Commentary On The South African Bill Of Rights eBook

Author : G. E. Devenish
Publisher : Butterworth-Heinemann
Page : 428 pages
File Size : 17,55 MB
Release : 1998
Category : Constitutional law
ISBN :

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5 Life.

Author : Dawid Hercules Van Wyk
Publisher :
Page : 792 pages
File Size : 12,93 MB
Release : 1996
Category : Law
ISBN :

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This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.

Author : Iain Currie
Publisher : Juta
Page : 876 pages
File Size : 19,23 MB
Release : 2005
Category : Law
ISBN :

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The Handbook is a comprehensive account of over a decade of South African Bill of Rights jurisprudence. The extensive detail of the Handbook and its coverage of all aspects of Bill of Rights jurisprudence and practice have made it a standard reference work for this important area of law. The book has been thoroughly revised for the fifth edition, in particular to cover developments in the areas of application, constitutional jurisdiction and remedies and the emerging jurisprudence on the positive duties imposed by the Bill of Rights.

Author : Mark S. Kende
Publisher : Cambridge University Press
Page : 336 pages
File Size : 15,7 MB
Release : 2009-03-02
Category : Law
ISBN : 0521879043

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This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Author : Dennis Davis
Publisher :
Page : 838 pages
File Size : 28,15 MB
Release : 1997
Category : Civil rights
ISBN :

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Analyzing the interpretations and implications of each section of the Bill of Rights of South Africa, the text deals with each section of the Constitution in a succinct manner, drawing upon the relevant South African and comparative material.

Author : Rosalind Dixon
Publisher : Cambridge University Press
Page : 471 pages
File Size : 10,32 MB
Release : 2018-04-19
Category : History
ISBN : 1108415334

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Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Author : Murray Wesson
Publisher :
Page : 0 pages
File Size : 15,89 MB
Release : 2013
Category :
ISBN :

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In both academic commentary and judicial decisions a connection is frequently drawn between substantive equality and social rights. This article explores this relationship in light of South African constitutional law. The first part of the article introduces the concepts of social rights and substantive equality. Thereafter, the focus turns to the social rights judgments of the South African Constitutional Court which, it is suggested, can be read in light of principles of substantive equality. However, this interpretation leaves many questions unanswered. Firstly, drawing a connection between social rights and substantive equality would seem to imply that 'poverty' or 'social condition' can be constructed as a ground of discrimination. Secondly, in making sense of substantive equality the Constitutional Court has referred extensively to dignity. What role can this value play in the adjudication of social rights? Thirdly, what is the relationship between substantive equality and positive action? Finally, if social rights are co-extensive with substantive equality what is their 'added value' in a Bill of Rights? The article argues that the key to understanding these questions is that social rights extend principles of substantive equality to the fields of poverty and welfare.