Towards Judicial and Legal Integration in South Africa PDF Download

Author: Raymond Sorrel Suttner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 18

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Author: Diana Eunice Kawenda
Publisher: Anchor Academic Publishing
ISBN: 3960676581
Category : Law
Languages : en
Pages : 111

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Book Description
The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.

Author: W. J. Hosten
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1514

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Author: John Hund
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 140

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Argues that different systems of law pre-suppose different legal ideologies, and explores the nature of these ideologies in the context of different legal and political problems in South Africa. This volume interprets South African law and legal ideology in novel ways intended to open up the dialogue about that nation's ideological problems. Thus, the book adds to our understanding of the nature of ideological conflict in South Africa and sketches one possible method for dealing with the intense ideological polarization found in that society. Co-published with the Centre for Intergroup Studies.

Author: John Dugard
Publisher:
ISBN: 9780691100609
Category : Law
Languages : en
Pages : 470

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As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author: Cheryl Thompson-Barrow
Publisher: Commonwealth Secretariat
ISBN: 9780850928822
Category : Law
Languages : en
Pages : 88

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Book Description
Until recently, smaller Commonwealth jurisdictions have turned to the Judicial Committee of the Privy Council in London as their final court of appeal. Now more and more countries have amended their constitutional arrangements to bring the final court of appeal closer to home. Cheryl Thompson-Barrow charts the experience of a number of countries and looks at the different ways in which alternative appeals processes have been set up, comparing the approach taken by countries like Australia and New Zealand with that taken in parts of the Caribbean. She makes recommendations for future good practice in the establishment and administration of final courts of appeal, based on discussions by Commonwealth law ministers and senior officials over the period 2003 to 2007.

Author:
Publisher:
ISBN: 9789176710524
Category :
Languages : en
Pages : 180

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Book Description
This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Author: Emmanuel Ugirashebuja
Publisher: BRILL
ISBN: 9004322078
Category : Law
Languages : en
Pages : 553

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Book Description
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

Author: Mike Brogden
Publisher: Routledge
ISBN: 1134889453
Category : Social Science
Languages : en
Pages : 270

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Book Description
The state police force of South Africa has acquired massive notoriety since its formation. Its officers have developed a reputation for routinely provoking violence and torturing suspects. As the key bastion of apartheid it is in urgent need of change. In Policing for a New South Africa Mike Brogden and Clifford Shearing evaluate the options for change. They critically analyse orthodos policing ideas imported from the West and contrast them with the indigenous model of independent policing from the townships of South Africa itself. Together they offer significant possibilities for the future. Importantly they suggest that rather than South Africans import ideas wholesale from the West, the latter countries, in the light of the failures of their own police systems have much to learn from South Africa.

Author: Cora Hoexter
Publisher: Juta and Company Ltd
ISBN: 9781485101710
Category : Administrative responsibility
Languages : en
Pages : 484

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Book Description
Offers a detailed account of all the most important aspects of the judiciary in South Africa, both now and in the past. Provides a general survey of the judiciary as an institution.