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South African Constitutional Law In Context offers a comprehensive, clear, and concise introduction to the study of South African constitutional law.
Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the South African Constitution, and to understand its critical importance and potential.
The text balances an accurate description of the most authoritative interpretation of the constitutional text with a critical and enquiring approach, providing depth and diversity of perspective, and engaging readers in an interactive, topical and stimulating manner.
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.
The Explanatory Dictionary of Politics (EDP) contains 2 620 key political terms and definitions. The main goal of the EDP is to facilitate a proper understanding of the political realm. The EDP provides assistance to subject specialists and language practitioners. The disciplines involved, which are loosely referred to as the political sciences, include politics, international politics, international relations, African politics, strategic studies, as well as aspects of political development, political administration and political economy. Die Verklarende Politieke Woordeboek (VPW) is gebaseer op die bekroonde tweetalige Nuwerwetse Politieke Woordeboek (NPW) van 2011, en bevat 2 620 politieke kernterme en -definisies. Die hoofdoel van die VPW is om behoorlike begrip van die politieke bestel moontlik te maak. Die VPW verleen hulp aan vakspesialiste en taalpraktisyns. Die dissiplines betrokke en waarna breedweg as die politieke wetenskappe verwys word, sluit in politiek, internasionale politiek, internasionale verhoudinge, Afrikapolitiek, strategiese studies, sowel as aspekte van politieke ontwikkeling, politieke administrasie en politieke ekonomie.
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.
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.
The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create.
Property is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects. Governments hope that these projects will create jobs and economic growth, but the justification of such third-party transfers for economic development is controversial. The public benefits of such expropriations are disputed, since they directly benefit private parties, and frequently do not have the desired outcome. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis investigates the institutional, procedural, and substantive conditions under which different jurisdictions permit third-party transfers for economic development. The jurisdictions examined are the Netherlands, Germany, New York State and South Africa. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis shows that employment or economic growth created by private business projects is a legitimate end in all the jurisdictions under examination. However, some striking differences between the jurisdictions are evident, with respect to several questions, including: Which state body decides on whether economic development is a legitimate end? Can a judge prevent unnecessary or excessive expropriations? Is the project developer obliged to implement the project? Against the backdrop of international good governance standards, The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis assesses whether the laws in these jurisdictions are adequate. The book demonstrates that the examined jurisdictions in various respects fail to meet international standards and recommends legal reforms to ensure compliance.
Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.
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.
Oliver Wendell Holmes twice escaped death as a young Union officer in the Civil War when musket balls missed his heart and spinal cord by a fraction of an inch at the Battles of Ball's Bluff and Antietam. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. Named to the Supreme Court by Theodore Roosevelt at age sixty-one, he served for nearly three decades, writing a series of famous, eloquent, and often dissenting opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court's reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law by showing how the law always evolved to meet the changing needs of society. As an enthusiastic friend and indefatigable correspondent, he wrote thousands of personal letters brimming with humorous philosophical insights, trenchant comments on the current scene, and an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky's definitive biography offers the fullest portrait yet of this pivotal American figure, whose zest for life, wit, and intellect left a profound legacy in law and Constitutional rights, and who was an inspiring example of how to lead a meaningful life in a world of uncertainty and upheaval.
In this insightful book, Massimo Fichera provides an original account of European integration as a process - completed by the creation of the Area of Freedom, Security and Justice. The study builds upon a demonstration of how European constitutionalism has been informed by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. The book uses this conceptual framework to analyse the development of the EU as a polity. Chapters cover significant recent crises, including the Eurozone, refugees, the rule of law, Brexit and constitutional identity. These events are not only recognized as being political shocks, but more meaningful and long-lasting occurrences which have had, and will continue to have, a deep impact on the development of the EU as a legal and political system. In light of this, the variety of crises that have recently affected the EU are discussed with thought given to their impact as an interlinking whole. Adeptly combining both theoretical and doctrinal analysis, this book will appeal to students and scholars of both EU law and politics, as well as those interested in legal and political theory more widely. Government officials, policymakers and practitioners will also find this a stimulating read.
'A soaring account of the months that transformed a messy feudal squabble into Magna Carta...his crisp storytelling, based around short chapters and rolling rhetoric, is extremely entertaining.' Dan Jones, Mail on Sunday 'I thoroughly enjoyed this book. Good history is descriptive, narrative and analytical. This is good history.' Gerard DeGroot, The Times At Runnymede, on the banks of the River Thames, on 15 June 1215, the seal of King John was attached to the Magna Carta, and peace descended upon the land. Or that's what successive generations have believed. But is it true? And have we been persuaded (or persuaded ourselves) that the events of 15 June 1215 not only ended a civil war between the king and the barons but - as if by magic - established a British constitution beloved and copied throughout the world? Often viewed as a victory for the people over the monarchy and a cornerstone of democracy, the true significance of Magna Carta is misunderstood and misrepresented. In Magna Carta: The True Story Behind the Charter, David Starkey paints a vivid portrait of the years 1215-1225, ten revolutionary years of huge significance that produced not one but four charters. Peopled by colourful historical figures - John, the boy-king Henry, Pope Innocent III, Archbishop Stephen Langton, William Marshal - Starkey tells a story of treachery and idealism, politics and peace-making that is surprising and enthralling. Informative, entertaining and controversial, Magna Carta: The True Story Behind the Charter challenges centuries of myth-making to demonstrate how important it is we understand the true significance of that day beside the Thames, over eight hundred years ago.
`No freeman is to be taken or imprisoned, or dispossessed ... except through the lawful judgment of his peers or through the law of the land.' `To no one shall we sell, to no one shall we deny or delay right or justice.' Magna Carta (or `Great Charter' of English Liberties) is one of the most important documents in legal history. Originating as a peace treaty agreed between King John and a group of powerful barons at Runnymede near Windsor on 15 June 1215, it enshrined in law the concept of individual liberty and defined the role of the monarch towards the people. The charter was successively revised and reissued throughout the thirteenth century by England's monarchs, and the ideas expressed in it had a profound influence, as seen in the United States Constitution and Bill of Rights. The Latin text of one version of this landmark document (the 1217 issue of Henry III) is transcribed here in full, together with a modern translation and an introduction which traces the background to the making of the charter and its subsequent revisions through the centuries. It also explains how this text has become an enduring symbol of freedom in Britain and throughout the world.
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