School of Law
Permanent URI for this communityhttps://hdl.handle.net/10413/8375
Browse
Browsing School of Law by Issue Date
Now showing 1 - 20 of 775
- Results Per Page
- Sort Options
Item Studies in South African legal sources, constitutional law, the administration of justice and the conflict of laws.(1971) Kahn, Ellison.;No abstract provided.Item The Law of privacy in South Africa.(1977) McQuoid-Mason, David Jan.; Lund, James Robert.No abstract available.Item The concept of nuisance in English law : a study of the origins and historical development of the concept of nuisance from its earliest beginnings to the end of the nineteenth century(1978) Milton, John Robert Landrey.Abstract not availableItem The applicability of the law of war in internal conflict : a selective study of the Geneva Conventions of 1949 and additional protocols of 1977.(1980) Borrowdale, Andrew.No abstract available.Item The concept of family courts in South Africa.(1981) Schafer, Ivan Derrick.; Olmesdahl, Michael C. J.No abstract available.Item Item South Africa and the consociational option : a constitutional analysis.(1982) Boulle, Laurence Joseph.; Mathews, Antony Stuart.No abstract available.Item The legal consequences of artificial insemination and embryo transplantation in humans.(1982) Lupton, Michael Leslie.No abstract provided.Item Expropriation and the social contract with reference to the relation between citizens and their property.(1983) Erasmus, Gavin Mark.; Mathews, Antony Stuart.; Boulle, Laurence Joseph.No abstract available.Item A comparative analysis of the Bophuthatswana bill of rights from an international law perspective.(1984) Naidu, Arjuna.; Soni, Ramanlal.It is difficult to define "human rights". Is it a political or a legal concept? Notwithstanding this difficulty which is primarily academic, Bophuthatswana has been able to entrench and enforce a justiciable Bill of Rights which is embodied in its Constitution. In Part One there is a general discussion on the concept of human rights together with a general overview of the events leading up to the independence of Bophuthatswana. The nature of the Bophuthatswana Constitution is analysed. The provisions of the Bill of Rights are enumerated and there follows a detailed discussion and analysis of all judicial decisions in which the Bill of Rights was in issue. The general theme of this thesis is to compare the Bophuthatswana Bill of Rights with other instruments, whether national, regional or international. Part Two, therefore looks at the protection of human rights in certain selected countries. These particular countries have been chosen because their Constitutions contain Bills of Rights. Part Two also examines in great detail the judicial protection of the rights guaranteed in each of these countries. For the sake of completeness, Part two concludes with a resume of the position of human rights in each of the other independent international states (that is, Transkei, Ciskei and Venda). Part Three considers the role of regional organisations and regional conventions on human rights of which the most effective is the European Convention. Part Four surveys the international protection of human rights, particularly the United Nations and the many conventions initiated by that body. Part Five comprehensively considers each human right enumerated in the Bill of Rights in a systematic and comparative manner with similar provisions in other national, regional and international instruments. In order that there might be some conception of the kinds of violations involved, decided cases under the European Convention are exhaustively referred to. Part Six concludes this thesis with a brief look at some other important rights (in the author's view) that are excluded from the Bill; and also a discussion on the future trends in Bophuthatswana with regard to the promotion and protection of human rights and fundamental freedoms.Item Codification: its evolution, obstacles and achievements; and its value in South Africa.(1984) Farran, Susan Elizabeth.; Milton, John Robert Landrey.; Baxter, Lawrence Gerald.No abstract provided.Item Gender Dysphoria Syndrome: medical aspects and legal consequences.(1985) Gilson, Pamela Dawn.;No abstract provided.Item Aerospace law : the regulation of space activities and space exploration.(1985) Reddy, Karunanidhi.; Soni, Ramanlal.No abstract available.Item Mediation arbitration : a better way to justice.(1985) Macnab, David Scott.; Newman, Ellie.No abstract available.Item An examination of the progression towards no-fault motor vehicle insurance, with particular reference to the Republic of South Africa.(1986) Wills, Michelle A.At present in South Africa, personal compensation in relation to motor vehicle accidents is firmly based on the delictual principle of 'fault'. This gives rise to a number of questions: Is this the system best suited to the realities of the motor vehicle and its accident-causing potential in modern society? Are the interests of society best served by a system of compensation based on fault? Is this the optimum system for the handling of the vast number of claims arising out of motor vehicle accidents? Are there alternative workable schemes which could be introduced? To these questions the writer addresses herself in this thesis. By no means will this thesis answer all the intricate and complex questions involved in the fault vs. no-fault debate. However, it is hoped that what follows will contribute to a better understanding of the basic issues involved and will facilitate further discussion with a view to improving the lot of the motor vehicle accident victim.Item The nature of the action in rem.(1986) Jeffrey, Alexander Gordon.; Staniland, Hilton.No abstract available.Item The regulation of road transportation in South Africa.(1986) Plasket, Clive Michael.; Baxter, Lawrence Gerald.No abstract provided.Item The undefended accused on trial : justice in the lower courts.(1986) Steytler, Nicolaas Christiaan.; Olmesdahl, Michael C. J.; McQuoid-Mason, David Jan.Due to the party-orientation and professional nature of the adversary mode of criminal procedure, the principles of a fair trial are best observed where the accused is represented by a lawyer. Given the advantages to be gained from legal representation, the principle of equal justice requires that all accused should have access to legal assistance and thus that legal aid should be provided for indigent accused. The South African legal aid scheme cannot yet provide assistance to all indigent accused because of the large number of these accused, the shortage of manpower and the lack of funds. There are, however, few legislative provisions to safeguard the rights of the vast majority of accused, arraigned in the lower courts, who remain undefended. The Supreme Court, in order to ensure that these accused are fairly tried, has imposed the following types of duties on judicial officers: (a) a duty to facilitate the accused's participation in the proceedings by advising him of his rights and duties and assisting him in their exercise; (b) a duty to control the prosecutor in the exercise of his powers; and (c) a duty to conduct an enquiry before arriving at administrative-type decisions. These duties are, however, inadequate to achieve the Court's, objective because, firstly, not all, rights are made accessible to the accused, and secondly, the duties are inadequate to ensure that the accused's guilt is reliably established. The failure of the legislature and the Supreme Court to incorporate the principle of equal justice into the legal process, has resulted in court proceedings that are characterized by unjust practices and outcomes. To ensure the more equitable prosecution of undefended accused it is suggested that an activist judicial officer should be responsible for the enforcement of all the principles of a fair trial (which would be concretized in clear legal rules) in an impartial manner, with his decisionmaking routinely supervised by the Supreme Court.Item A consideration of the retention of the hearsay rule in the law of evidence.(1987) Draeger, Justin Lawrence.; Newman, Ellie.No abstract available.Item The Influence of Government policy of sentences in Magistrates' courts : as reflected in sentences relatng to certain sections of the Immorality Act 23 of 1957, dealing in and possession of dagga in contravention of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act 41 of 1971 and the Stock Theft Act 57 of 1959.(1987) Dlodlo, Andreas.; Newman, Ellie.No abstract available.