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World Affairs Online
Crowbars and cobwebs: executive auticracy and the law in South Africa
In: Inaugural lecture. University of Cape Town. N.S. 137
Judicial Capacity in a Transforming Legal System
In: Oñati Socio-Legal Series, Band 7, Heft 4
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A century worth celebrating
It is understandable that no great fuss has been made of the hundredth anniversary of the establishment of South Africa as a nation state within its current borders (through the South Africa Act 9 Edw VII, ch 9). The Act of Union, after all, while it represented a triumph for those arguing for the formal reconciliation of 'Boer and Brit', marked much more negatively the exclusion of the majority of the new country's population from any effective say in the institutions of government. Not only were the proponents of federalism, which might have allowed the less conservative leadership in the Cape Colony to retain a degree of autonomy through which to pursue government based on individual worth, soundly defeated, but the elements of non-racial government preserved in the Cape franchise arrangements (and to a lesser extent, those of Natal) were seen as provisions to be protected as a dying species, rather than as bridgeheads for their expansion more widely within the Union
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Realizing the Promise for Ourselves
In: Human rights quarterly, Band 26, Heft 2, S. 512-518
ISSN: 1085-794X
South Africa's First Bill of Rights: Random Recollections of One of it's Drafters
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Band 32, Heft 2, S. 313-321
ISSN: 2331-4117
It is an honor to have been invited to deliver this paper on my experiences as a member of the group drafting South Africa's first Bill of Rights in the course of the constitutional negotiations in 1993 to such an august international audience. I am also very pleased to be sharing the podium with Christina Murray, since we were student contemporaries (although at neighboring universities) and have been close colleagues in the Department of Public Law at the University of Cape Town since early 1988. Despite our close working relationship over these years, however, I think that this is the first occasion upon which we have talked jointly about our experiences in assisting the drafting of the Constitution, which makes it a special occasion for us, too. Mine will be a very personal recollection and assessment of a period in the constitutional history of South Africa which I never believed possible, let alone that I should have played a small part in it.
Review: Realizing the Promise for Ourselves
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 26, Heft 2, S. 512-518
ISSN: 0275-0392
Human Rights under African Constitutions
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 26, Heft 2, S. 512-518
ISSN: 0275-0392
Le controle de l'administration -du common law a la constitutionnalisation du controle de l'action administrative (Judicial Review of Administrative Action -From Common Law to the Constitution)
In: Revue française d'administration publique: publication trimestrielle, Heft 85, S. 75
ISSN: 0152-7401
Le contrôle de l'administration : du common law à la constitutionnalisation du contrôle de l'action administrative
In: Revue française d'administration publique, Band 85, Heft 1, S. 75-86
Judicial Review of Administrative Action From Common Law to the Constitution.
The courts are more and more inclined to review any action of public authorities. This development is commensurate with the permanent widening of the public sphere. A series of recent decisions bears testimony to a wider application of fundamental legal principles which have in the past been neglected because of apartheid. For the moment it is essentially the task of the courts to review administrative action. Other procedures remain to be developed or improved. Constitutional reform has provided the constitutional basis for judicial review of administrative action, but legislation is still necessary in order to clarify the principle.
Le contrôle de l'administration - du common law à la constitutionnalisation du contrôle de l'action administrative
In: Revue française d'administration publique: publication trimestrielle, Heft 85, S. 75-86
ISSN: 0152-7401
Further Book Reviews : Michael Lobban, White Man's Justice. Oxford: Clarendon Press, 1996, 288 pp
In: Social & legal studies: an international journal, Band 6, Heft 4, S. 588-590
ISSN: 1461-7390