The Judiciary In South Africa

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The Judiciary in South Africa

Author : Cora Hoexter,Morné Olivier
Publisher : Juta and Company Ltd
Page : 484 pages
File Size : 47,5 Mb
Release : 2014
Category : Administrative responsibility
ISBN : 1485101719

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The Judiciary in South Africa by Cora Hoexter,Morné Olivier Pdf

Offers a detailed account of all the most important aspects of the judiciary in South Africa, both now and in the past. Provides a general survey of the judiciary as an institution.

Judges at Work

Author : Hugh Corder
Publisher : Unknown
Page : 310 pages
File Size : 48,5 Mb
Release : 1984
Category : Appellate courts
ISBN : UCAL:B4177855

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Judges at Work by Hugh Corder Pdf

The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs

Author : Riaan Eksteen
Publisher : Springer
Page : 448 pages
File Size : 49,9 Mb
Release : 2019-06-22
Category : Law
ISBN : 9789462652958

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The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs by Riaan Eksteen Pdf

This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.

The Judiciary in Africa

Author : Prince Bola Ajibola,Deon Hurter Van Zyl
Publisher : Gaunt
Page : 288 pages
File Size : 50,9 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105061977075

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The Judiciary in Africa by Prince Bola Ajibola,Deon Hurter Van Zyl Pdf

Preface.

Justice in South Africa

Author : Albie Sachs
Publisher : Univ of California Press
Page : 296 pages
File Size : 41,9 Mb
Release : 1973
Category : Law
ISBN : 0520024176

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Justice in South Africa by Albie Sachs Pdf

Constitutional Deference, Courts and Socio-economic Rights in South Africa

Author : Kirsty McLean
Publisher : PULP
Page : 255 pages
File Size : 46,5 Mb
Release : 2009
Category : Civil rights
ISBN : 9780981412481

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Constitutional Deference, Courts and Socio-economic Rights in South Africa by Kirsty McLean Pdf

Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.

Strong NGOs and Weak States

Author : Milli Lake
Publisher : Cambridge University Press
Page : 325 pages
File Size : 55,7 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781108419376

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Strong NGOs and Weak States by Milli Lake Pdf

Offers evidence that opportunity structures created by state weakness can allow NGOs to exert unparalleled influence over local human rights law and practice.

Judiciaries in Comparative Perspective

Author : H. P. Lee
Publisher : Cambridge University Press
Page : 625 pages
File Size : 49,7 Mb
Release : 2011-08-11
Category : Law
ISBN : 9781139499866

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Judiciaries in Comparative Perspective by H. P. Lee Pdf

An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.

The Independence of the Judiciary and the Rule of Law

Author : Frederick W. Jjuuko
Publisher : Unknown
Page : 190 pages
File Size : 52,8 Mb
Release : 2005
Category : Judges
ISBN : STANFORD:36105132336152

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The Independence of the Judiciary and the Rule of Law by Frederick W. Jjuuko Pdf

Papers from a regional workshop held in Kampala on 14 April 2005.

Litigating Socio-economic Rights in South Africa

Author : Christopher Mbazira
Publisher : PULP
Page : 283 pages
File Size : 49,8 Mb
Release : 2009
Category : Distributive justice
ISBN : 9780981412474

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Litigating Socio-economic Rights in South Africa by Christopher Mbazira Pdf

Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.

Constitutionalism of the Global South

Author : Daniel Bonilla Maldonado
Publisher : Cambridge University Press
Page : 421 pages
File Size : 41,5 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107036215

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Constitutionalism of the Global South by Daniel Bonilla Maldonado Pdf

Addresses the jurisprudence of the major courts of the Global South on the topics of access to justice, cultural diversity and socioeconomic rights.

Judicial Review of Legislation

Author : Gerhard van der Schyff
Publisher : Springer Science & Business Media
Page : 332 pages
File Size : 47,6 Mb
Release : 2010-06-16
Category : Law
ISBN : 9789048190027

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Judicial Review of Legislation by Gerhard van der Schyff Pdf

Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

The Judicial Institution in Southern Africa

Author : Linda Van de Vijver
Publisher : Siber Ink
Page : 372 pages
File Size : 53,7 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105123188711

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The Judicial Institution in Southern Africa by Linda Van de Vijver Pdf

This stidy seeks to assess the formal provisions of the law regulating the appointment and conditions of service of judges across eleven legal systems in southern and east Africa, against a framework of idea principles. The chapters reveal an unevenness in the law and the practice relating to judial service, and rrecommendations for improvements are made.

Lawfare

Author : Michelle le Roux,Dennis Davis
Publisher : Jonathan Ball Publishers
Page : 431 pages
File Size : 43,6 Mb
Release : 2019-04-15
Category : Law
ISBN : 9781868429615

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Lawfare by Michelle le Roux,Dennis Davis Pdf

What happens when South Africa's tumultuous political life becomes entangled in the courts of law? Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in 'lawfare': the migration of politics to the courts. The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on. This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.

Judge and be Judged

Author : Adrienne E. Van Blerk
Publisher : Gaunt
Page : 234 pages
File Size : 45,9 Mb
Release : 1988
Category : Contempt of court
ISBN : UVA:X001586319

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Judge and be Judged by Adrienne E. Van Blerk Pdf