Freedom is central to most constitutions. In the constitutional context, freedom usually means both personal freedom and political freedom. Personal freedom can be described as the right to decide for oneself the terms of one's life, both individually and communally. It is what Frank Michelman calls self-rule: it "demands the people's determination for themselves of the norms that are to govern their social life".3 Political freedom, on the other hand, implies the protection against arbitrary government power. This is what Michelman calls law-rule. In most constitutional dispensations both these types of freedom are implicated and the South African constitution is no exception.4 But, it is ir...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
South Africa’s Constitution has been characterized as one of the most progressive and forward-lookin...
The South African Constitution numbers among a very few constitutions around the world which include...
LLD (International Aspects of Law), North-West University, Potchefstroom CampusIn South Africa, cons...
This paper looks at the salient provisions of the South African Constitution that seeks to highlight...
One of the greatest challenges facing South Africa and the rest of the world is to improve the quali...
The forging of South Africa's constitution and Bill of Rights in 1996 was undoubtedly an important h...
This Article will assess the current level of constitutional protection provided by the South Africa...
CITATION: Botha, H. 2013. The Selfless Constitution: Experimentalism and Flourishing as Foundations ...
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution...
In this Article, I will first discuss some easily overlooked constitutional tools for promoting grea...
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develo...
This paper tracks the first years of the South African Constitutional Court. The author provides ins...
LL. M. University of KwaZulu-Natal, Pietermaritzburg, 2014.Sustainable Development is a widely used ...
“The supremacy of the constitution and the rule of law” are two foundational values of South Africa...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
South Africa’s Constitution has been characterized as one of the most progressive and forward-lookin...
The South African Constitution numbers among a very few constitutions around the world which include...
LLD (International Aspects of Law), North-West University, Potchefstroom CampusIn South Africa, cons...
This paper looks at the salient provisions of the South African Constitution that seeks to highlight...
One of the greatest challenges facing South Africa and the rest of the world is to improve the quali...
The forging of South Africa's constitution and Bill of Rights in 1996 was undoubtedly an important h...
This Article will assess the current level of constitutional protection provided by the South Africa...
CITATION: Botha, H. 2013. The Selfless Constitution: Experimentalism and Flourishing as Foundations ...
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution...
In this Article, I will first discuss some easily overlooked constitutional tools for promoting grea...
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develo...
This paper tracks the first years of the South African Constitutional Court. The author provides ins...
LL. M. University of KwaZulu-Natal, Pietermaritzburg, 2014.Sustainable Development is a widely used ...
“The supremacy of the constitution and the rule of law” are two foundational values of South Africa...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
South Africa’s Constitution has been characterized as one of the most progressive and forward-lookin...
The South African Constitution numbers among a very few constitutions around the world which include...