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Showing 1 to 1 of 1 for “"Judicial Balancing"”.
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The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
… benefits that are absent from or reduced in the judicial law-making process. The judicial pivot towards legislative remedies is thus a strategy to enhance the process through which conflicting rights are resolved, as it allows for the constitutional rebuilding of private law in a way that the …