Author: K.K. Venugopal
Publisher: Penguin Random House India Private Limited
ISBN: 9357085483
Category : Biography & Autobiography
Languages : en
Pages : 208
Book Description
This book is an attempt to preserve in perpetuity the life of one of India’s greatest constitutional lawyers, M.K. Nambiar. Written by his son and a legal luminary himself, K.K. Venugopal, this biography provides a fascinating account of Mr Nambiar’s life. It not only describes the man but also recapitulates Indian legal history dating to before Independence. The book includes some of the landmark cases Mr Nambiar fought in his legal career. Some of these cases have significantly contributed to the development of constitutional law in India. For example, A.K. Gopalan v. State of Madras resulted in the basic structure doctrine, which continues to guide and inspire lawyers and judges.
M.K. Nambyar
Author: K.K. Venugopal
Publisher: Penguin Random House India Private Limited
ISBN: 9357085483
Category : Biography & Autobiography
Languages : en
Pages : 208
Book Description
This book is an attempt to preserve in perpetuity the life of one of India’s greatest constitutional lawyers, M.K. Nambiar. Written by his son and a legal luminary himself, K.K. Venugopal, this biography provides a fascinating account of Mr Nambiar’s life. It not only describes the man but also recapitulates Indian legal history dating to before Independence. The book includes some of the landmark cases Mr Nambiar fought in his legal career. Some of these cases have significantly contributed to the development of constitutional law in India. For example, A.K. Gopalan v. State of Madras resulted in the basic structure doctrine, which continues to guide and inspire lawyers and judges.
Publisher: Penguin Random House India Private Limited
ISBN: 9357085483
Category : Biography & Autobiography
Languages : en
Pages : 208
Book Description
This book is an attempt to preserve in perpetuity the life of one of India’s greatest constitutional lawyers, M.K. Nambiar. Written by his son and a legal luminary himself, K.K. Venugopal, this biography provides a fascinating account of Mr Nambiar’s life. It not only describes the man but also recapitulates Indian legal history dating to before Independence. The book includes some of the landmark cases Mr Nambiar fought in his legal career. Some of these cases have significantly contributed to the development of constitutional law in India. For example, A.K. Gopalan v. State of Madras resulted in the basic structure doctrine, which continues to guide and inspire lawyers and judges.
Uniform Civil Code for India
Author: Shimon Shetreet
Publisher: Oxford University Press
ISBN: 0199089477
Category : Law
Languages : en
Pages : 301
Book Description
Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.
Publisher: Oxford University Press
ISBN: 0199089477
Category : Law
Languages : en
Pages : 301
Book Description
Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.
Turning Point
Author: Neelakanta Ramakrishna Madhava Menon
Publisher: Universal Law Publishing
ISBN: 9788175348189
Category : Law
Languages : en
Pages : 168
Book Description
Publisher: Universal Law Publishing
ISBN: 9788175348189
Category : Law
Languages : en
Pages : 168
Book Description
An Inspirational Journey: Pratibha Devisingh Patil
Author: Mahajan, Chhaya Bhawan
Publisher: S. Chand Publishing
ISBN: 8121935040
Category : Study Aids
Languages : en
Pages : 227
Book Description
An Inspirational Journey : Pratibha Devisingh Patil The First Woman President of India - is an attempt to understand the life and works of the First Citizen of India prior to her occupying the coveted position. In the late fifties and early sixties when the discouraging forces against women were predominant, Pratibhatai excelled in academics. It was her will power, conviction and purity of purpose which propelled her into politics and finally elected to be the First Woman President of India, only sky is the limit. Pratibhatai's life is a story, her journey in life has been so eventful, her achievements are so large and varied. She has had a political career which kept moving upwards, gradually and steadily, till she finally reached the pinnacle. She humbly attributes her success to the Almighty and to the People of India. The book is a progressive effort to illustrate her political participation as well as her attachment towards the family and emerged her a winner on both the fronts effectively. Simply her achievements are so large and varied that they need to be narrated - ';Those who do not speak about themselves need to be spoken about.'
Publisher: S. Chand Publishing
ISBN: 8121935040
Category : Study Aids
Languages : en
Pages : 227
Book Description
An Inspirational Journey : Pratibha Devisingh Patil The First Woman President of India - is an attempt to understand the life and works of the First Citizen of India prior to her occupying the coveted position. In the late fifties and early sixties when the discouraging forces against women were predominant, Pratibhatai excelled in academics. It was her will power, conviction and purity of purpose which propelled her into politics and finally elected to be the First Woman President of India, only sky is the limit. Pratibhatai's life is a story, her journey in life has been so eventful, her achievements are so large and varied. She has had a political career which kept moving upwards, gradually and steadily, till she finally reached the pinnacle. She humbly attributes her success to the Almighty and to the People of India. The book is a progressive effort to illustrate her political participation as well as her attachment towards the family and emerged her a winner on both the fronts effectively. Simply her achievements are so large and varied that they need to be narrated - ';Those who do not speak about themselves need to be spoken about.'
Nani Palkhivala A Role Model
Author: Maj Gen Nilendra Kumar
Publisher: Universal Law Publishing
ISBN: 9788175347854
Category : Lawyers
Languages : en
Pages : 528
Book Description
Commemoration volume to Nani Ardeshir Palkhivala, 1920-2002, an eminent Indian lawyer and diplomat; contributed articles.
Publisher: Universal Law Publishing
ISBN: 9788175347854
Category : Lawyers
Languages : en
Pages : 528
Book Description
Commemoration volume to Nani Ardeshir Palkhivala, 1920-2002, an eminent Indian lawyer and diplomat; contributed articles.
50 Leading Cases of Supreme Court of India
Author: discountbookstore.in
Publisher: Discountbookstore.in
ISBN:
Category :
Languages : en
Pages : 1785
Book Description
50 Leading Cases of Supreme Court of India www.discountbookstore.in 50 Leading Cases of Supreme Court of India BY --- ASHUTOSH KUMAR MISHRA For -- Discount Book Store Published By : -- Discount Book Store Website -- http://www.discountbookstore.in/ Email – [email protected] , [email protected] Find us on Facebook --- @ https://www.facebook.com/lawtech.india Disclaimer: This document is being furnished to you for your information. You may choose to reproduce or redistribute this information for non-commercial purposes in part or in full to any other person with due acknowledgement of http://discountbookstore.in/ Discount Book Store makes every effort to use reliable and comprehensive information, but Discount Book Store does not represent that this information is accurate or complete. This data has been collated without regard to the objectives or opinions of those who may receive it. 2 50 Leading Cases of Supreme Court of India www.discountbookstore.in Table of Contain Contains Part I Facts in Brief Arguments Highlights of Judgments For Common Man Part II Full Text of Judgments with equivalent citation 3 50 Leading Cases of Supreme Court of India www.discountbookstore.in Table of Case Reported 1. A.D.M. Jabalpur v. Shiv Kant Shukla (The Habeas Corpus Case) 2. Ajit Singh v. State of Punjab 3. Apparel Export Promotion Council v. A.K. Chopra 4. Bachan Singh v. State of Punjab 5. BALCO Employees Union v. Union of India 6. Bandhua Mukti Morcha v. Union of India 7. Budhan Choudhary v. State of Bihar 8. Chief Forest Conservator (Wild Life) v. Nisar Khan 9. D.K. Basu v. State of West Bengal 10. Daniel Latifi v. Union of India 11. Dr (Mrs.) Vijaya Manohar Arbat v. Kashirao Rajaram Sawai 12. Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council 13. Dr. Pradeep Jain v. Union of India 14. Ex-Capt. Harish Uppal v. Union of India 15. Forum, Prevention of Envn. and Sound Pollution v. Union of India 4 50 Leading Cases of Supreme Court of India www.discountbookstore.in 16. Gaurav Jain v. Union of India 17. Hoechst Pharmaceuticals Ltd. v. State of Bihar 18. I.C. Golak Nath v . State of Punjab 19. In re, Vinay Chandra Mishra 20. In Re: Death of Sawinder Singh Grover 21. Indian Council for Enviro-Legal Action v. Union of India 22. Indra Sawhney v. Union of India 23. L. Chandra Kumar v. Union of India 24. Laxmi Kant Pandey v. Union of India 25. M/s Modi Cements Limited v. Shri Kuchil Kumar Nandi 26. M/s Shantistar Builders v. Narayan Khimalal Totame 27. Mackinnon Mackenzie & Co. Ltd. v. Audrey D'costa 28. Maneka Gandhi v. Union of India 29. Minerva Mills v. Union of India 30. Mr. X v. Hospital Z 31. Nandini Satpathy v. P.L. Dani 32. Narayan Prasad Lohia v. Nikunj Kumar Lohia 33. Narmada Bachao Andolan v. Union of India 34. Poonam Verma v. Dr. Ashwin Patel 35. Parmanand Katara v. Union of India 36. PUCL v. Union of India 5 50 Leading Cases of Supreme Court of India www.discountbookstore.in 37. Rai Sahib Ram Jawaya Kapur v. State of Punjab 38. Rupa Ashok Hurra v. Ashok Hurra 39. S.P.Sampath Kumar v. Union of India 40. Sakshi v. Union of India 41. Sheela Barse v. State of Maharashtra 42. Bodhisattwa Gautam v. Miss Subhra Chakraborty 43. Gian Kaur v. State of Punjab 44. Sarla Mudgal v. Union of India 45. Standard Chartered Bank v. Directorate of Enforcement 46. State of Gujarat v. Hon'ble High Court of Gujarat 47. State of Rajasthan v. Union of India 48. Sunil Batra (II) v. Delhi Administration 49. Vincent v. Union of India 50. Vishaka v. State of Rajasthan 6 50 Leading Cases of Supreme Court of India www.discountbookstore.in
Publisher: Discountbookstore.in
ISBN:
Category :
Languages : en
Pages : 1785
Book Description
50 Leading Cases of Supreme Court of India www.discountbookstore.in 50 Leading Cases of Supreme Court of India BY --- ASHUTOSH KUMAR MISHRA For -- Discount Book Store Published By : -- Discount Book Store Website -- http://www.discountbookstore.in/ Email – [email protected] , [email protected] Find us on Facebook --- @ https://www.facebook.com/lawtech.india Disclaimer: This document is being furnished to you for your information. You may choose to reproduce or redistribute this information for non-commercial purposes in part or in full to any other person with due acknowledgement of http://discountbookstore.in/ Discount Book Store makes every effort to use reliable and comprehensive information, but Discount Book Store does not represent that this information is accurate or complete. This data has been collated without regard to the objectives or opinions of those who may receive it. 2 50 Leading Cases of Supreme Court of India www.discountbookstore.in Table of Contain Contains Part I Facts in Brief Arguments Highlights of Judgments For Common Man Part II Full Text of Judgments with equivalent citation 3 50 Leading Cases of Supreme Court of India www.discountbookstore.in Table of Case Reported 1. A.D.M. Jabalpur v. Shiv Kant Shukla (The Habeas Corpus Case) 2. Ajit Singh v. State of Punjab 3. Apparel Export Promotion Council v. A.K. Chopra 4. Bachan Singh v. State of Punjab 5. BALCO Employees Union v. Union of India 6. Bandhua Mukti Morcha v. Union of India 7. Budhan Choudhary v. State of Bihar 8. Chief Forest Conservator (Wild Life) v. Nisar Khan 9. D.K. Basu v. State of West Bengal 10. Daniel Latifi v. Union of India 11. Dr (Mrs.) Vijaya Manohar Arbat v. Kashirao Rajaram Sawai 12. Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council 13. Dr. Pradeep Jain v. Union of India 14. Ex-Capt. Harish Uppal v. Union of India 15. Forum, Prevention of Envn. and Sound Pollution v. Union of India 4 50 Leading Cases of Supreme Court of India www.discountbookstore.in 16. Gaurav Jain v. Union of India 17. Hoechst Pharmaceuticals Ltd. v. State of Bihar 18. I.C. Golak Nath v . State of Punjab 19. In re, Vinay Chandra Mishra 20. In Re: Death of Sawinder Singh Grover 21. Indian Council for Enviro-Legal Action v. Union of India 22. Indra Sawhney v. Union of India 23. L. Chandra Kumar v. Union of India 24. Laxmi Kant Pandey v. Union of India 25. M/s Modi Cements Limited v. Shri Kuchil Kumar Nandi 26. M/s Shantistar Builders v. Narayan Khimalal Totame 27. Mackinnon Mackenzie & Co. Ltd. v. Audrey D'costa 28. Maneka Gandhi v. Union of India 29. Minerva Mills v. Union of India 30. Mr. X v. Hospital Z 31. Nandini Satpathy v. P.L. Dani 32. Narayan Prasad Lohia v. Nikunj Kumar Lohia 33. Narmada Bachao Andolan v. Union of India 34. Poonam Verma v. Dr. Ashwin Patel 35. Parmanand Katara v. Union of India 36. PUCL v. Union of India 5 50 Leading Cases of Supreme Court of India www.discountbookstore.in 37. Rai Sahib Ram Jawaya Kapur v. State of Punjab 38. Rupa Ashok Hurra v. Ashok Hurra 39. S.P.Sampath Kumar v. Union of India 40. Sakshi v. Union of India 41. Sheela Barse v. State of Maharashtra 42. Bodhisattwa Gautam v. Miss Subhra Chakraborty 43. Gian Kaur v. State of Punjab 44. Sarla Mudgal v. Union of India 45. Standard Chartered Bank v. Directorate of Enforcement 46. State of Gujarat v. Hon'ble High Court of Gujarat 47. State of Rajasthan v. Union of India 48. Sunil Batra (II) v. Delhi Administration 49. Vincent v. Union of India 50. Vishaka v. State of Rajasthan 6 50 Leading Cases of Supreme Court of India www.discountbookstore.in
Unconstitutional Constitutional Amendments
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0191081442
Category : Law
Languages : en
Pages : 369
Book Description
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Publisher: Oxford University Press
ISBN: 0191081442
Category : Law
Languages : en
Pages : 369
Book Description
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Pretoria Student Law Review 2020-14-2
Author: Simon Motshweni
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 413
Book Description
About the publication Honoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete. It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence. Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia. I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend. To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God. I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors. To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow. Simon Motshweni Editor-in-Chief 2020 Table of Contents Editors’ note by Simon Motshweni Statutory utility rights to realise access to services as a characteristic of adequate housing by Gustav Muller The experiences of women and barriers for career advancement in tertiary institutions in a South African context by Bernardete Mendes ‘I’ve changed’ says South African law: Has the judiciary opened up to black women lawyers? by Cebolenkosi Makhaye Sexual orientation and gender identities (SOGI) law and social change by Chanelle van der Linde Game of Thrones: The battle of the Mphephus by Gudani Tshikota Critical race theory and feminist legal theory: Perspectives on transformation of the judiciary by Hayley C. Warring International law rules relating to migration arising from rising sea-levels by Keketso G. Kgomosotho The constitutionality of warrantless search and seizure operations by Khalipha Shange The constitutionality of warrantless search and seizure operations by Lehlohonolo January A comparative analysis of the proposed mandatory nature of employment legislation and its interaction with the choice of law of an international contract by Marcia van der Merwe Property rights and the basic structure of the Constitution: The case of the Draft Constitution Eighteenth Amendment Bill by Martin van Staden Speak no law without justice: Evaluating the retrospective force of declarations of unconstitutionality with specific reference to Qwelane v SAHRC & Others (686/2018) [2019] ZASCA 167 194 by MP Fourie & Marno Swart A critique of the determination of a composite supply for VAT purposes in South Africa: Lessons from selected countries by Mzwandile Ngidi Workers of the world, un-united: A discussion through a gendered lens on why stronger protection of workers in the informal economy will better equip South Africa to cope with labour market changes of the Fourth Industrial Revolution by Shaniaé Maharaj Dismantling the status quo: Prohibiting unfair discrimination on the grounds of poverty under capitalism by Sohela Surajpal Neoliberalism and inequality in post-apartheid South Africa by Thabiso Mfete When life gives you law, make lemonade: Exploring the ‘legalised’ oppression of black women in the United States of America and South Africa and their musical response thereto by Thandeka N. Khoza The Fourth Industrial Revolution: A case for educational transformation by Thembekile M. Mtsweni The Gabriel Fernandez case: A comparative analysis of a ‘mandated reporter’ in light of the Children’s Act by Thiavna Subroyen Transformative adjudication and the place of administrative law in South African jurisprudence: ABSA Bank Limited v Public Protector by Tshepo Twala & Mpho Mogadime The pas de deux between education and recreation: Facilitating the realisation of Articles 11 and 12 of the African Charter on the Rights and Welfare of the Child in Schools by Thandeka N. Khoza & Cebolenkosi Zuma
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 413
Book Description
About the publication Honoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete. It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence. Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia. I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend. To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God. I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors. To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow. Simon Motshweni Editor-in-Chief 2020 Table of Contents Editors’ note by Simon Motshweni Statutory utility rights to realise access to services as a characteristic of adequate housing by Gustav Muller The experiences of women and barriers for career advancement in tertiary institutions in a South African context by Bernardete Mendes ‘I’ve changed’ says South African law: Has the judiciary opened up to black women lawyers? by Cebolenkosi Makhaye Sexual orientation and gender identities (SOGI) law and social change by Chanelle van der Linde Game of Thrones: The battle of the Mphephus by Gudani Tshikota Critical race theory and feminist legal theory: Perspectives on transformation of the judiciary by Hayley C. Warring International law rules relating to migration arising from rising sea-levels by Keketso G. Kgomosotho The constitutionality of warrantless search and seizure operations by Khalipha Shange The constitutionality of warrantless search and seizure operations by Lehlohonolo January A comparative analysis of the proposed mandatory nature of employment legislation and its interaction with the choice of law of an international contract by Marcia van der Merwe Property rights and the basic structure of the Constitution: The case of the Draft Constitution Eighteenth Amendment Bill by Martin van Staden Speak no law without justice: Evaluating the retrospective force of declarations of unconstitutionality with specific reference to Qwelane v SAHRC & Others (686/2018) [2019] ZASCA 167 194 by MP Fourie & Marno Swart A critique of the determination of a composite supply for VAT purposes in South Africa: Lessons from selected countries by Mzwandile Ngidi Workers of the world, un-united: A discussion through a gendered lens on why stronger protection of workers in the informal economy will better equip South Africa to cope with labour market changes of the Fourth Industrial Revolution by Shaniaé Maharaj Dismantling the status quo: Prohibiting unfair discrimination on the grounds of poverty under capitalism by Sohela Surajpal Neoliberalism and inequality in post-apartheid South Africa by Thabiso Mfete When life gives you law, make lemonade: Exploring the ‘legalised’ oppression of black women in the United States of America and South Africa and their musical response thereto by Thandeka N. Khoza The Fourth Industrial Revolution: A case for educational transformation by Thembekile M. Mtsweni The Gabriel Fernandez case: A comparative analysis of a ‘mandated reporter’ in light of the Children’s Act by Thiavna Subroyen Transformative adjudication and the place of administrative law in South African jurisprudence: ABSA Bank Limited v Public Protector by Tshepo Twala & Mpho Mogadime The pas de deux between education and recreation: Facilitating the realisation of Articles 11 and 12 of the African Charter on the Rights and Welfare of the Child in Schools by Thandeka N. Khoza & Cebolenkosi Zuma
Fates of Political Liberalism in the British Post-Colony
Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107012783
Category : Law
Languages : en
Pages : 571
Book Description
This book presents a theory of political liberalism in the British post-colonies.
Publisher: Cambridge University Press
ISBN: 1107012783
Category : Law
Languages : en
Pages : 571
Book Description
This book presents a theory of political liberalism in the British post-colonies.
The Empire of Disgust
Author: Zoya Hasan
Publisher: Oxford University Press
ISBN: 0199093768
Category : Political Science
Languages : en
Pages : 552
Book Description
All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.
Publisher: Oxford University Press
ISBN: 0199093768
Category : Political Science
Languages : en
Pages : 552
Book Description
All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.