Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
Jan 1997
Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
Michigan Journal of Race and Law
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …
Toward A South African Administrative Justice Act, Michael Asimow
Jan 1997
Toward A South African Administrative Justice Act, Michael Asimow
Michigan Journal of Race and Law
Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.
Education
Jan 1996
Education
Touro Law Review
No abstract provided.
Double Jeopardy
Jan 1996
Double Jeopardy
Touro Law Review
No abstract provided.
Right To Counsel
Jan 1996
Right To Counsel
Touro Law Review
No abstract provided.
Searches And Seizures
Jan 1996
Searches And Seizures
Touro Law Review
No abstract provided.
Double Jeopardy
Jan 1996
Double Jeopardy
Touro Law Review
No abstract provided.
Due Process
Jan 1996
Due Process
Touro Law Review
No abstract provided.
Freedom Of Speech And Press
Jan 1996
Freedom Of Speech And Press
Touro Law Review
No abstract provided.
Home Rule
Jan 1996
Home Rule
Touro Law Review
No abstract provided.
Right To Counsel
Jan 1996
Right To Counsel
Touro Law Review
No abstract provided.
Freedom Of Speech And Press
Jan 1996
Freedom Of Speech And Press
Touro Law Review
No abstract provided.
Right To A Jury Trial
Jan 1996
Right To A Jury Trial
Touro Law Review
No abstract provided.
Double Jeopardy
Jan 1996
Double Jeopardy
Touro Law Review
No abstract provided.
Due Process
Jan 1996
Due Process
Touro Law Review
No abstract provided.
Due Process
Jan 1996
Due Process
Touro Law Review
No abstract provided.
Freedom Of Speech And Press
Jan 1996
Freedom Of Speech And Press
Touro Law Review
No abstract provided.
Right To Be Present
Jan 1996
Right To Be Present
Touro Law Review
No abstract provided.
Speedy Trial
Jan 1996
Speedy Trial
Touro Law Review
No abstract provided.
Right To Counsel
Jan 1996
Right To Counsel
Touro Law Review
No abstract provided.
Right To Counsel
Jan 1996
Right To Counsel
Touro Law Review
No abstract provided.
Right To Counsel
Jan 1996
Right To Counsel
Touro Law Review
No abstract provided.
Right To Counsel
Jan 1996
Right To Counsel
Touro Law Review
No abstract provided.
Right To A Jury Trial
Jan 1996
Right To A Jury Trial
Touro Law Review
No abstract provided.
Searches And Seizures
Jan 1996
Searches And Seizures
Touro Law Review
No abstract provided.
Searches And Seizures
Jan 1996
Searches And Seizures
Touro Law Review
No abstract provided.
Self Incrimination
Jan 1996
Self Incrimination
Touro Law Review
No abstract provided.
Separation Of Powers
Jan 1996
Separation Of Powers
Touro Law Review
No abstract provided.
Due Process
Jan 1996
Due Process
Touro Law Review
No abstract provided.
Freedom Of Speech And Press
Jan 1996
Freedom Of Speech And Press
Touro Law Review
No abstract provided.
