Faculty of Commerce, Law and Management (Research Outputs)
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Item The South African Bill of Rights and the Development of Family Law(Juta Law, 2002) Bonthuys, ElsjeFamily law is probably the area of South African private law which has expanded and changed most rapidly in the past nine years. Many of these changes have come about as a result of the enactment of a Bill of Rights in both the interim and the final Constitution. 1 On the one hand, this is not surprising, since family law contains many legal rules which are overtly discriminatory on the bases of sex, gender, culture, religion and sexual orientation. On the other hand, legal rules in this area represent a codification of moral and social norms in the quotidian and 'private' lives of many people, which are often resistant to scrutiny and change.Item Substantive equality and transformation in South Africa(Juta and Co, 2007) Albertyn, CatherineThis article considers whether ‘substantive equality’, as a transformative idea and legal mechanism in the South African Constitution, can generate legal solutions and court decisions that may result in transformative change. It does so by establishing a framework for analysing the ‘inclusionary’ or ‘transformatory’ effects of equality cases in relation to gender and sexual orientation. It argues that the idea of substantive equality is capable of addressing diverse forms of social and economic inequality, and that the legal form of substantive equality adopted by the Constitutional Court, emphasising context, impact, difference and values, has some potential for achieving meaningful social and economic change by and through courts. However, the manner is which the Court has engaged with this legal form suggests that the transformative possibilities of equality are constrained by a number of factors. These include institutional concerns, the capacity and willingness of judges to recognise and address the multiple systemic inequalities that still pervade our society as well as their ability to develop a consistently transformative jurisprudence that applies the ideas of substantive equality to the concepts and doctrines that underpin many equality claims.Item Open justice and beyond: Independent Newspapers v Minister for Intelligence Services: In re Masetlha(Juta, 2009) Klaaren, JonathanNotes on a constitutional court decision within the context of national security and openness.Item The administration of justice(Juta, 2003) Klaaren, Jonathan; Marcus, Gilbert; Davis, DennisOverview and analysis of the year's legal developments in the field of administration of justice. Includes references to legislation, cases and journal articles.Item The administration of justice(Juta, 2002) Klaaren, Jonathan; Marcus, Gilbert; Davis, DennisThe Immorality Amendment Act 2 criminalized prostitution in 1998. It did so by the insertion of s 20(1)(aA) into the principal Act, which it renamed the Sexual Offences Act 23 of 1957.Item Judicial independence and the Constitution Fourteenth Amendment Bill(Juta, 2006) Albertyn, CatherineDiscussion of judicial independence and the Constitution Fourteenth Amendment BillItem Constitutional court statistics for the 2004 term(2005) Klaaren, Jonathan; Stein, Nikki; Xulu, Carolina NomphumeleloDescriptive statistics on the work of the Constitutional Court for the 2004 term.Item Indirect horizontal application of the right to have access to health care services(Juta, 2007) Pieterse, MariusApart from their direct application against the state, the justiciability of socio-economic rights also requires the transformation of those aspects of private law that regulate relationships which are crucial for their effective enjoyment. This is acknowledged by the Constitution of the Republic of South Africa, 1996, which determines that rights may sometimes bind private parties and requires courts to develop the common law in accordance with the spirit, purport and objects of the rights in the Bill of Rights.Item Constitutional court statistics for the 2003 term(Juta, 2004) Klaaren, Jonathan; Stein, Nikki; Madekurozwa, Bulewa Rudo; Xulu, Carolina NomphumeleloDescriptive statistics on the work of the Constitutional Court for the 2003 term.Item Judicial independence and the Constitution Fourteenth Amendment Bill(Juta, 2006) Albertyn, Catherine