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Scott on Cession: A Treatise on the Law in South Africa is a comprehensive exposition of the law of cession. Scott incorporates aspects of her doctoral thesis (1977), her previous book on cession, The Law of Cession, (1991) and her articles on cession that have been published in law journals. The book focuses on case law, but case law as a source of law in this branch of the law poses particular problems: some of the earlier decisions, and even recent ones, are based on Roman-Dutch law, which no longer completely satisfies current modern needs. To explain certain idiosyncrasies in the case law, Scott refers to the historical development of cession as a legal institution. The book also provides extensive commentary on certain problematic aspects of cession, using comparable legal systems, and incorporates the dogmatic foundations of the law of cession.
Administrative Justice in South Africa: An Introduction offers a clear, comprehensive and practical explanation of administrative justice in South Africa, and includes discussion of the important process of judicial review. Practical in its approach, the text provides valuable focus on the application of principles to case law, problem-solving methodology, and specific procedural aspects of administrative justice. The text offers a clear pedagogical framework which develops independent, critical and reflective engagement with the subject matter. A strong conceptual and enquiring approach enriches knowledge, and engages readers in an interactive, topical and challenging manner. Additional educational resources support teaching, further assisting students to develop the academic skills required to master their studies. Administrative Justice in South Africa: An Introduction is suited as core course material for students who are studying administrative law as a module of the LLB degree. It is also a useful resource for legal practitioners who may wish to engage with foundational and current principles of the field.
Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.
Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.
The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.
This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.
Blueprints provide a unique plan for studying the law, giving a visual overview of the vital building blocks of each topic and the various outside influences that come together in the study of law. This series enables the reader to place everything within memorable context and is useful in providing an overview of the law. Each text offers a clear understanding of legal study and an engaging introduction to each subject; presenting the study of law as both an academic subject and a force in society. The texts map to undergraduate law degree programmes and are tailored for use harmoniously alongside core law material.
Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.
Supervision of Local Government discusses the role of national and provincial governments in supervising the functions of local government. The book analyses the legal status of local government, which is entrenched and protected by the Constitution, and examines the powers of the national and provincial governments to supervise local government. Supervision of Local Government explores international practices in the supervision of local government and investigates general trends in the supervision of selected municipalities in South Africa. Shortcomings, inconsistencies and irregularities in the supervision of local government are identified. The book discusses the concept of `supervision' as it relates to local government in its broad sense, which includes monitoring, intervening in and supporting local government. Supervision of Local Government also explores the manifestation of the principles of cooperative government and subsidiarity in the supervision of local government by national and provincial governments. Cooperative government requires that the other spheres of government intervene in local government to assist municipalities in managing their own affairs, while the principle of subsidiarity requires that services should be rendered at the lowest possible level of government. Thus, the national and provincial spheres have a duty to support the local sphere of government in fulfilling this duty and this duty is analysed in the book.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
In Constitutional and Administrative Law, the authors draw upon their extensive teaching and research experience to provide a contemporary and engaging account of the key topics which make up a typical Constitutional & Administrative or Public Law syllabus. Controversial issues and academic debates are also highlighted throughout making this the ideal textbook for anyone requiring a strong understanding of both the black letter principles and the wider socio-political context in which the constitutional arrangements of the UK have developed. Fully updated with all the latest constitutional and legal developments in this area, this second edition contains: A dedicated chapter on 'Political Freedoms and Democratic Participation' which offers expanded coverage of important civil liberties, including freedom of expression and the right to vote. A new section providing an overview of police powers. Extensive coverage of the implications of the Brexit referendum decision, including the European Union (Withdrawal Bill) 2017 and the ongoing exit negotiations. Discussion of the implications of the 2017 general election and proposed changes to the Westminster parliamentary constituency boundaries. An outline of the Strathclyde proposals on the powers of the House of Lords. Discussion of the mooted replacement of the Human Rights Act 1998 with a British Bill of Rights. Detailed analysis of a number of significant cases include the Miller decisions, R (Evans) v Attorney General, HS2, and R (UNISON) v Lord Chancellor.
The Journey to Transform Local Government is about the challenges and opportunities for municipalities in South Africa as they journey towards delivering on the promise of developmental local government. It deals with various issues on the continuum of local government transformation in South Africa, for example, what does Sustainable Development Goal 11 mean for a municipality? Given that good governance is essential for success, are municipalities implementing anti-corruption policies and are the Municipal Public Accounts Committees functioning? How do we staff municipalities with professionals who see local government as their career of choice? And, given that our ageing infrastructure poses risks for the future, what should municipalities do to ensure proper maintenance? How do we manage the overlapping roles of traditional leaders and municipalities? Can traditional land use allocation and building practices co-exist with municipal planning and building regulations? And, when municipalities insist on town planning and building regulations, how does this affect local entrepreneurs? Lastly, how do we measure spatial transformation in practice? The authors grappling with these questions come from universities, government, civil society and the private sector. They fill the pages of this book with some of the latest research on local government, grounded in the reality of today's South Africa.
Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on Constitutional & Administrative Law. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.
Fundamental Rights in South Africa: A Brief Introduction provides essential information about fundamental rights in South Africa, giving undergraduate law students a sound basis upon which to build their understanding of the South African Bill of Rights. The book seeks to examine every component of the Bill of Rights, referring selectively to current authority. The book provides practical exercises that will assist students with understanding fundamental rights and that will keep them engaged in the subject.
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