Research Articles (Constitutional Law and Philosophy of Law)
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'n Krygsteoretiese evaluering van die militêre optrede van generaal JH (Koos) de la Rey ter voorbereiding van en tydens die slag te Tweebosch-De Klipdrift, 7 Maart 1902
(Faculty of the Humanities, University of the Free State, 2011)In this article an assessment is made of the military operations of General JH de la Rey during his preparations for the conflict and the military tactics employed during the battle of Tweebosch-De Klipdrift. The application ... -
Japie Neser en die Afrikaneropstand van 1914-1915: rebel sonder/met 'n rede?
(Faculty of the Humanities, University of the Free State, 2014)The decision taken by the government of General Louis Botha to actively deploy the Union (of South Africa’s) Defence Forces in support of the Allied cause during the Great (later known as the First World) War of 1914-1918, ... -
Tussen Afrikanereenheid, patriotisme en rebellie: 'n rekonstruksie van die transformasie van die politieke denke van Genl. JH De la Rey voorafgaande aan die Afrikanerrebellie 1914-1915
(Faculty of the Humanities, University of the Free State, 2014)On the eve of the Afrikaner Rebellion, 1914-1915, General JH (Koos) de la Rey was at the apex of a political and personal transformation in his career. He had finally decided to physically oppose the Union Government’s ... -
Legal evaluation of affirmative action in South Africa
(Faculty of Law, University of the Free State, 2001)English: With its equality jurisprudence only in its infancy stage, affirmative action will provide a difficult challenge to the Constitutional Court. Employment equity and affirmative action, like other projects of social ... -
Publiekregtelike estoppel, billikheid en die ontwikkeling van die gemenereg: 'n vonnisbespreking van Eastern Cape Provincial Government v Contractprops 25 (Pty) Ltd en Eastern Metropolitan Substructure v Peter Klein Investments (Pty) Ltd: chronicle
(Faculty of Law, University of the Free State, 2005-12)Abstract not available -
The reply of the Eritrean government to ACHPR's landmark ruling on Eritrea: a critical appraisal
(Faculty of Law, University of the Free State, 2006)English: This article assesses the official and most recent stance of the Eritrean government on the illegal detention of eleven prominent Eritrean political personalities who remain behind bars since September 2001. The ... -
Do "values" mean anything at all? Implications for law, education and society
(Faculty of Law, University of the Free State, 2008-06)English: The term "values" is ubiquitous in modern discourse. It is held by many to embody high and noble aspirations that can be shared meaningfully. Often preferred to other terms, such as "virtues", however, values can ... -
The impact of Scholasticism and Protestantism on Ulrich Huber's views on constitutionalism and tyranny
(Faculty of Law, University of the Free State, 2004)English: Ulrich Huber's (1636-1694) contribution to public law was initiated with his lectures on the general principles of constitutional law at Franeker. The fruits of his work culminated in his De Jure Civitatis. The ... -
Huber, natural law and the reformational basis of the iurisprudentia universalis
(Faculty of Law, University of the Free State, 2005-12)English: Ulrich Huber's work, De Jure Civitatis, contains the first serious effort to apply the Reformational perspectives on natural law to the field of Public Law. Not only did he integrate the perspectives on natural ... -
Equality for people with disabilities in the workplace: an overview of the emergence of disability as a human rights issue
(Faculty of Law, University of the Free State, 2004)English: In essence, the article explores the development of disability as a human rights issue with a particular focus on equality in the workplace. It draws from developments that have been taking place at the international ... -
A critical retrospection regarding the legality of abortion in South Africa
(Faculty of Law, University of the Free State, 2005)English: Abortion touches at the heart of the commencement of life, and therefore has to be approached accordingly. In this article, the South African jurisprudential debate on the legality of abortion, including the ... -
Conscientious objection and legal abortion in South Africa: delineating the parameters
(Faculty of Law, University of the Free State, 2003)English: The purpose of this article is to delineate the scope and limitations of the exercise of the right to conscientious objection in respect of participation in abortion procedures under theChoice on Termination of ... -
Political Covenantalism, sovereignty and the obligatory nature of law: Ulrich Huber's discourse on state authority and democratic universalism
(Faculty of Law, University of the Free State, 2004)English: Ulrich Huber's De Jure Civitatis, published in Latin, has never been translated into any other language, making this a relatively unknown source in constitutional law. In this work Huber responds to the state ... -
Prosecuting the main perpetrators of international crimes in Eritrea: possibilities under international law
(Faculty of Law, University of the Free State, 2008-12)English: A growing international consensus has emerged in the last few decades on the need to prosecute egregious violations of international law. In this regard, the establishment of the International Criminal Court (ICC) ... -
Celebrating the common law rights of man - a note on Blackstone's work on natural law and natural rights: chronicles
(Faculty of Law, University of the Free State, 2009-12)William Blackstone's (1723-1780) Commentaries, a four-volume work, the first edition of which appeared in 1765, was produced in an epoch of natural law theory which marked the transition from "justification" to the ... -
Ubuntu versus the core values of the South African Constitution
(Faculty of Law, University of the Free State, 2009-12)English: At the dawn of South Africa's new era of constitutionalism the Constitutional Court introduced "African law and legal thinking" and ubuntu to South African jurisprudence as part of the Constitution's source of ... -
The Constitutional Court and ubuntu's "inseparable trinity"
(Faculty of Law, University of the Free State, 2009-06)English: The purpose of this article is to deconstruct the Constitutional Court's definitions of ubuntu as humanness, group solidarity, umuntu ngumuntu ngabantu, personhood and a moral philosophy. It is submitted that the ... -
Die effek van die regulering van maksimum werkure op werknemers se grondwetlike reg op gelykheid
(Faculty of Law, University of the Free State, 2009-12)English: The paper examines the effect of the provisons regulating maximum working hours, with reference to the principle of equality entrenched in section 9 of the Constitution of the Republic of South Africa, 1996. Section ... -
The unborn and A, B, & C v Ireland: chronicles
(Faculty of Law, University of the Free State, 2010-06)A, B, and C v Ireland (ABC-case) arose from an application lodged on 15 July 2005 to the European Court of Human Rights, which was directly referred to the Grand Chambers (thus indicating the importance of the case) for a ... -
The unresolved search for the proper standard of review of affirmative action: Solidarity obo Barnard v SAPS
(Faculty of Law, University of the Free State, 2013-12)In Solidarity obo Barnard v SAPS, the Supreme Court of Appeal (SCA) set aside the order of the Labour Appeal Court (LAC), which upheld the decision of the National Commissioner of Police not to appoint a white female ...