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Author : L. C. Blaauw
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.F/5 ( download)
Download or read book Aspects of a Theory of Group Rights and Its Application to the South African Legal System written by L. C. Blaauw and published by . This book was released on 1986 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kristin Henrard
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313012148
Total Pages : 329 pages
Book Rating : 4.3/5 (13 download)
Download or read book Minority Protection in Post-Apartheid South Africa written by Kristin Henrard and published by Bloomsbury Publishing USA. This book was released on 2002-08-30 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.
Author : Kristin Henrard
Publisher : BRILL
ISBN 13 : 9004482504
Total Pages : 384 pages
Book Rating : 4.0/5 (44 download)
Download or read book Devising an Adequate System of Minority Protection written by Kristin Henrard and published by BRILL. This book was released on 2021-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Mwalimu
Publisher : Peter Lang
ISBN 13 : 9781433107825
Total Pages : 742 pages
Book Rating : 4.1/5 (78 download)
Download or read book Seeking Viable Grassroots Representation Mechanisms in African Constitutions written by Charles Mwalimu and published by Peter Lang. This book was released on 2009 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
Author : Daphne Barak-Erez
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313876
Total Pages : 416 pages
Book Rating : 4.8/5 (473 download)
Download or read book Exploring Social Rights written by Daphne Barak-Erez and published by Bloomsbury Publishing. This book was released on 2007-12-19 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)
Author : D. J. Van Vuuren
Publisher : Pretoria, South Africa : HSRC Publishers
ISBN 13 :
Total Pages : 704 pages
Book Rating : 4.F/5 ( download)
Download or read book South Africa in the Nineties written by D. J. Van Vuuren and published by Pretoria, South Africa : HSRC Publishers. This book was released on 1991 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kristina A. Bentley
Publisher : HSRC Press
ISBN 13 : 9780796920317
Total Pages : 36 pages
Book Rating : 4.9/5 (23 download)
Download or read book Whose Right it is Anyway? written by Kristina A. Bentley and published by HSRC Press. This book was released on 2003 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This theoretical inquiry into the limitations of liberal and multicultural compromise in the political arena focuses on the geopolitical situation in South Africa, where especially adamant collective views threaten the rights of individuals, minority communities, and the tenets of human rights that are enshrined in its constitution.
Author : Elsje Bonthuys
Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.:/5 (668 download)
Download or read book The Legitimacy of Group Rights in the South African Legal System written by Elsje Bonthuys and published by . This book was released on 1993 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Dugard
Publisher : Princeton University Press
ISBN 13 : 1400868122
Total Pages : 492 pages
Book Rating : 4.4/5 (8 download)
Download or read book Human Rights and the South African Legal Order written by John Dugard and published by Princeton University Press. This book was released on 2015-03-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 editions preserve the original texts of these important books while presenting them in durable paperback and hardcover 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 : Robert K. Hitchcock
Publisher : IWGIA
ISBN 13 : 9788791563089
Total Pages : 286 pages
Book Rating : 4.5/5 (63 download)
Download or read book Indigenous Peoples' Rights in Southern Africa written by Robert K. Hitchcock and published by IWGIA. This book was released on 2004 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.
Author : Penny Smith
Publisher : Routledge
ISBN 13 : 0429831927
Total Pages : 359 pages
Book Rating : 4.4/5 (298 download)
Download or read book Making Rights Work written by Penny Smith and published by Routledge. This book was released on 2019-01-15 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this edited collection of essays explores various perspectives on making rights work in South Africa, Canada, the USA and the UK, along with pieces on gender, political, LGBT and British legal rights. The volume was inspired by recent strides forward at the time, including the South African Constitution adopted on the 8th of May 1996, and sought to provide a snapshot of rights debates at the time.
Author : Dawid Hercules Van Wyk
Publisher :
ISBN 13 :
Total Pages : 792 pages
Book Rating : 4.X/5 (4 download)
Download or read book Rights and Constitutionalism written by Dawid Hercules Van Wyk and published by . This book was released on 1996 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.
Author : Daragh Murray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901655
Total Pages : 346 pages
Book Rating : 4.5/5 (99 download)
Download or read book Human Rights Obligations of Non-State Armed Groups written by Daragh Murray and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Author : I.P. Maithufi
Publisher : Oxford University Press, USA
ISBN 13 : 9780199057184
Total Pages : 0 pages
Book Rating : 4.0/5 (571 download)
Download or read book African Customary Law in South Africa written by I.P. Maithufi and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions
Author : Ravindran Daniel
Publisher : SAGE Publishing India
ISBN 13 : 9354795676
Total Pages : 194 pages
Book Rating : 4.3/5 (547 download)
Download or read book Human Rights in Theory and Practice written by Ravindran Daniel and published by SAGE Publishing India. This book was released on 2022-10-07 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appreciation of the context that advances or hinders the enjoyment of human rights would provide the basis for developing relevant strategies, including the use of concepts, laws and mechanisms to promote human rights protection. With this aim, this book facilitates reflection on the theory and practice of human rights. It deals with the historical evolution of human rights ideas, traces the evolution of international human rights law, examines the UN and other human rights protection mechanisms, discusses the growth of human rights NGOs and their contribution, and studies the changing contours of the human rights movement. Human Rights in Theory and Practice: An Overview of Concepts and Treaties includes detailed examination of the provisions of major human rights treaties. It is a revised and updated version of the 1998 publication, Human Rights Praxis: A Resource Book for Study, Action and Reflection, which was widely used by activists and other readers and was translated into Bahasa Indonesia, Thai and Tamil. The present book will similarly be of interest to human rights activists and scholars of politics, law, sociology, history, international relations and peace studies.
Author : Institute for Research Development (Human Sciences Research Council)
Publisher :
ISBN 13 :
Total Pages : 766 pages
Book Rating : 4.F/5 ( download)
Download or read book Navorsingsbulletin written by Institute for Research Development (Human Sciences Research Council) and published by . This book was released on 1986 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David K. Linnan
Publisher : Routledge
ISBN 13 : 1317105826
Total Pages : 474 pages
Book Rating : 4.3/5 (171 download)
Download or read book Legitimacy, Legal Development and Change written by David K. Linnan and published by Routledge. This book was released on 2016-04-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.
