Add to ORKGIn this last term, the highest courts in the U.S. and South Africa, respectively, the United States Supreme Court in Town of Castle Rock, Colorado v. Gonzales and the South African Constitutional Court in N.K. v. Minister of Safety and Security, overturned decisions from their appellate courts, the Tenth Circuit and the Supreme Court of Appeals. … This article is not primarily concerned with a comparison of the doctrinal nuances of these three cases, or of the respective constitutional mechanisms that aided the courts in coming to their decisions. This article examines the comparison, or rather, the sharp contrast between the values and spirit animating these decisions. The respective Courts\u27 interpretations of the underlying values, or ...
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution...
This Article will argue, through a detailed chronological study of South African case law, that the ...
This article explores the potential impact of the courts’ approaches to vicarious liability in so-ca...
In the summer of 2005, the United States Supreme Court in Castle Rock v. Gonzales and the South Afri...
In this Article, I will first discuss some easily overlooked constitutional tools for promoting grea...
Violence against women, present in every society in the world, is deeply embedded in South Africa’s ...
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develo...
As constitutional protection of human rights expands around the world, the question of whether const...
Despite having one of the most inclusive and progressive constitutions in the world, South Africa (...
Should the South African courts abolish the traditional imminence standard, something must be used t...
This article reviews the abolition of the defence of reasonable chastisement by the South African Co...
As constitutional protection of human rights expands around the world, the question of whether const...
Part I discusses the treatment of domestic violence as a human rights issue under international law,...
In Masiya v DPP the Constitutional Court missed the opportunity to address the patently inadequate a...
This article considers whether an obligation should be placed upon the State to enforce its own laws...
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution...
This Article will argue, through a detailed chronological study of South African case law, that the ...
This article explores the potential impact of the courts’ approaches to vicarious liability in so-ca...
In the summer of 2005, the United States Supreme Court in Castle Rock v. Gonzales and the South Afri...
In this Article, I will first discuss some easily overlooked constitutional tools for promoting grea...
Violence against women, present in every society in the world, is deeply embedded in South Africa’s ...
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develo...
As constitutional protection of human rights expands around the world, the question of whether const...
Despite having one of the most inclusive and progressive constitutions in the world, South Africa (...
Should the South African courts abolish the traditional imminence standard, something must be used t...
This article reviews the abolition of the defence of reasonable chastisement by the South African Co...
As constitutional protection of human rights expands around the world, the question of whether const...
Part I discusses the treatment of domestic violence as a human rights issue under international law,...
In Masiya v DPP the Constitutional Court missed the opportunity to address the patently inadequate a...
This article considers whether an obligation should be placed upon the State to enforce its own laws...
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution...
This Article will argue, through a detailed chronological study of South African case law, that the ...
This article explores the potential impact of the courts’ approaches to vicarious liability in so-ca...