Browsing Research Articles (Constitutional Law and Philosophy of Law) by Title
Now showing items 11-21 of 21
-
'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 ... -
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 ... -
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) ... -
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 ... -
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 ... -
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 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 ... -
What divides, what joins and who decides? Diversity, the common good and limited law
(Faculty of Law, University of the Free State, 2014)English: It is commonplace to hear politics and law extol the importance of "pluralism" and "diversity". In addition to difference, however, and less discussed, but certainly important, is the notion of "the common good". ...