Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 11 of 11 for “"South African Constitutional Court"”.
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The reasonableness approach of the South African Constitutional Court - making the constitutional right of access to housing "real" or effectively meaningless?
The South African Constitution explicitly guarantees the right of access to housing (section 26 of the Constitution). To consider whether the state has fulfilled its positive obligations to take appropriate steps to realise the right of access to housing within its available resources, the …
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An analysis of the approach adopted by the South African Constitutional Court to the right to equality and non-discrimination in the five decisions concerning section 8 of the interim Constitution compared to the approach adopted by the Belgian Court of Arbitration
… of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental value which lies at the heart of both Constitutions. For different reasons, this right is central regarding the two Constitutional Courts. In South Africa, the importance of the decisions made …
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The Unwed Father-Unworthy? The position of the natural father in South Africa following the Constitutional Court decision in Fraser v Children's Court Pretoria North
Few topics in South African Family law have received as much attention by the Courts, Legislators, academics and the general public as the legal relationship between fathers and their extra-marital children. The widespread national interest peaked recently in 1997 in the delivery of the …
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What is the role of the Constitutional Court in Safe-guarding the separation of powers in a dominant party democracy?
… of the effect of dominant party democracy on South Africa’s traditional trilateral structures of government, with emphasis on the Constitutional Court. A dominant party democracy brings with it negative features, such as the blurring of boundaries of state and party, and the capturing of …
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The right of sexual minorities under the African human rights system
… On the other hand, on the same continent, the South African Constitutional Court recently held that the denial of legal recognition for same-sex marriages was unconstitutional. The question that begs here is: why this state of affairs? In view of the situtation described above, this study …
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Transforming space and significance - a study of the constitutional court of South Africa
… the process of establishing and building the new South African Constitutional Court as the first intervention in the development of the Constitutional Hill precinct and as part of an endeavour aimed at creating a new national identity. The argument is reliant on the premise that an agency, in this …
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Trials and Tribunals: administrative justice after PAJA and New Clicks with particular reference to the financial services industry
In September 2005 the South African Constitutional Court handed down the seminal judgment of Minister of Health v New Clicks. The judgment is critical to our understanding of administrative justice in South Africa not only with regard to the applicability of administrative justice principles to the …
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Devising jurisprudential strategies for the maintenance of constitutionalism in the context of one party domination
… argued that a number of recent judgments of the Constitutional Court within the last decade have fallen short of sustaining the integrity of the Constitution. This is a consequence of an inadequate conceptual framework for the adjudication of politically sensitive disputes within the context of …
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Equality in higher education partnerships: defining the concept in divergent contexts
… minicase studies and a doctrinal review of the South African Constitutional Court's equality jurisprudence. An interpretivist paradigm is applied; Fredman's four-dimensional understanding of substantive equality serves as its theoretical framework. The internet-based survey tool ‘SurveyMonkey' …
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Analysis of the Nigerian Supreme Court's constitutional duty regarding women's inheritance right under customary law
… its supremacy over every other law, and that the court has a duty to invalidate any law that is inconsistent with its provisions. The Court found the opportunity to alter the unfair discriminatory position against Nigerian women and develop customary law in line with Constitution in the case of …
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Judicial activism in South Afica's Constitutional Court : minority protection or judicial illegitimacy?
… of judicial protection of minority rights on the Constitutional Court’s legitimacy. The framing of the Marriage Act shows that Parliament intended marriage to be between a man and a woman. By nullifying section 30(1) of the Act and making the order above, the Court fulfilled its constitutional …