The Theory of the Judicial Practice of the Colony of the Cape of Good Hope, and of South Africa Generally
Author | : Casper Hendrik Van Zyl |
Publisher | : |
Total Pages | : 1048 |
Release | : 1902 |
Genre | : Cape of Good Hope |
ISBN | : |
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Author | : Casper Hendrik Van Zyl |
Publisher | : |
Total Pages | : 1048 |
Release | : 1902 |
Genre | : Cape of Good Hope |
ISBN | : |
Author | : Berihun Adugna Gebeye |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2021-07-08 |
Genre | : Law |
ISBN | : 0192646141 |
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Author | : Cora Hoexter |
Publisher | : Juta and Company Ltd |
Total Pages | : 484 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9781485101710 |
Offers a detailed account of all the most important aspects of the judiciary in South Africa, both now and in the past. Provides a general survey of the judiciary as an institution.
Author | : Mordechai Kremnitzer |
Publisher | : Cambridge University Press |
Total Pages | : 689 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1108497586 |
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Author | : R. H. Helmholz |
Publisher | : Harvard University Press |
Total Pages | : 285 |
Release | : 2015-06-08 |
Genre | : Law |
ISBN | : 0674504615 |
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 705 |
Release | : 2008 |
Genre | : Law |
ISBN | : 0521860946 |
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
Author | : John Dugard |
Publisher | : Princeton University Press |
Total Pages | : 492 |
Release | : 2015-03-08 |
Genre | : Law |
ISBN | : 1400868122 |
As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author | : Berihun Adugna Gebeye |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0192893920 |
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Author | : |
Publisher | : |
Total Pages | : 180 |
Release | : 2016 |
Genre | : |
ISBN | : 9789176710524 |
This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.
Author | : Varun Gauri |
Publisher | : Cambridge University Press |
Total Pages | : 384 |
Release | : 2010-03-15 |
Genre | : Political Science |
ISBN | : 9780521145169 |
This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.