Interpretation of statutes is about understanding enacted law-texts, that is, making sense of the legislative scheme applicable to the situation at hand. Statutory Interpretation: An Introduction for Students aims to teach students to interpret and apply legislation within the total legal environment.

Part 1 (‘Statute law’) introduces students to the different types and categories of legislation, the structural components of legislation, the sometimes confusing ‘codes’ used in legislative texts, and the challenges of applying old order legislation together with new legislation. Part 2 (‘How legislation is interpreted’) comprises a chapter on the theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in South Africa, and a chapter dealing with the practical application of the rules of interpretation. Part 3 (‘Judicial law-making during interpretation, and peremptory and directory provisions’) deals with day-to-day applications, and Part 4 is a basic introduction to constitutional interpretation. Students are also introduced to less well-known aspects of statutory interpretation, such as deeming clauses, the suspension of legislation, sunset clauses, legalese, and the counter-majoritarian difficulty.

The 6th edition of Statutory Interpretation: An Introduction for Students is a user-friendly introduction to the basic principles of statutory interpretation. It is aimed mainly at undergraduate students, but practitioners will also find it useful. The rules and principles of statutory interpretation are explained using hypothetical situations and practical examples from case law and legislation.

Principles of Competition Law in South Africa offers an accessible, applied and rigorous introduction to the general principles of competition law and policy in South Africa.

The text presents the fundamental principles of competition law within a clear and practical framework, and supports enquiring engagement with critical and reflective issues. Providing a comprehensive foundation of knowledge, the text introduces relevant, key concepts and perspectives of competition economic theory, inviting readers to deepen their understanding of the core subject matter in an accessible manner.

Principles of Competition Law in South Africa is suited as course material for students who are studying competition law as a module of the LLB degree programme, or at postgraduate level. It is also a useful resource for practitioners who may wish to engage with foundational and current principles of the field.

Features:

• The text integrates principles of law with competition economic policy, at a foundational level, to provide a sound and comprehensive understanding of the framework of competition law and policy.
• The text outlines the relationship between constitutional law and competition law principles.
• It provides valuable insight to the constitutional issues which may potentially arise, and highlights areas for possible legal development.
• The text addresses the new legal concept of private damages for anti-competitive conduct.
• The pedagogical framework of the text is designed to support critical and reflective thought, and applied problem-solving, presenting the material in a manner which offers optimal learning value.

Now part of the Juta’s Property Law Library series, the third edition provides a comprehensive discussion of the core aspects of South African planning law.

The second edition, Planning Law (2012), reflected more of the new constitutional dispensation that brought with it not only a focus on values and equity, but also the development of an entirely new vision and structure for planning in the three spheres of government. It introduced some basic principles, addressed the apartheid roots of planning law in South Africa and gave detailed attention to the core of planning law.

Since the publication of the second edition, planning law has received increasing attention and the constitutional, legislative and jurisprudential framework has undergone significant contextual development. Evolving constitutional insights are providing a better perspective on the content of planning law and the impact of planning frameworks and decisions on government, in its three spheres, as well as owners and neighbours.

The Constitutional Court has, to a large extent, clarified the different planning competences and how these are allocated to each of the spheres of government. The enactment of the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) has paved the way for the discipline to develop considerably and to be more integrated. The resultant effect on planning law has been immense and has necessitated this new edition that has been reworked and updated in its entirety. Since planning law is multi-faceted, the book also deals with related administrative, environmental, local government and informal settlement issues. All the relevant legal principles and legislative provisions are amplified by discussions of applicable court decisions.

Are the courts against the people of South Africa?

Since populist factions claim to be the people, judges confronting them do not just decide against the people; they are against the people.

The judiciary faces a barrage of attacks not just from the ruling ANC but from other political parties clamouring for power. There comes a predictable phase in the cycle of politics where this is most likely to occur. Why does it benefit political parties to deflect from their failure to deliver with calls for parliamentary sovereignty? Why do so many myths circulate about the nature of our courts and constitution?

Dan Mafora answers these questions and more in an inspired analysis. He takes us through the historical ideological clashes within the ANC that make judicial independence up for debate, how administrations since '94 have responded to judicial decisions and why this phenomenon is important to watch globally. He also examines how disinformation campaigns play a big role.

Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law

Since Illinois became a state in 1818, it has been a microcosm of the country at every stage of its development, from its status as a "free" state in antebellum America to a state rich in agriculture and industry whose goods and services now travel the world. Illinois' four state constitutions have reflected its changing values. Illinois is currently one of the few states that have adopted a new constitution since World War II. This 1970 constitution has become a model for countries in Central and Eastern Europe seeking examples of modern American constitutions.
The Illinois State Constitution traces the history of the state's constitution from its statehood in 1818 to the adoption of the state's fourth constitution in 1970. Ann M. Lousin, who has been involved in Illinois constitutional development and government for over four decades, provides provision-by-provision commentary and analysis of the state's current constitution, covering the Preamble, the Bill of Rights, and the various articles and amendments, including a survey of case law under each provision. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.

The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The task of researching gangs is fraught with difficulties, central to which are issues of definition and reliance on certain forms of data for analyses. These methodological issues have been acknowledged as limitations in most of the existing research, but they have not been explored as being potentially serious flaws contributing to the proliferation of myth, or as aggravating factors that exacerbate what is essentially a relatively uncomplicated social process. Also unclear from existing studies is the extent to which suppositions about gangs feed moral panics or contribute to the misidentification or over-specification of a problem. This captivating volume focuses on gangs, their formation, identity and behaviour with a view to developing a preventive strategy.

How can it be, in a nation that elected Barack Obama, that one third of African American males born in 2001 will spend time in a state or federal prison, and that black men are seven times likelier than white men to be in prison? Blacks are much more likely than whites to be stopped by the police, arrested, prosecuted, convicted, and imprisoned, and are much less likely to have confidence in justice system officials, especially the police.
In Punishing Race, Michael Tonry demonstrates in lucid, accessible language that these patterns result not from racial differences in crime or drug use but primarily from drug and crime control policies that disproportionately affect black Americans. These policies in turn stem from a lack of white empathy for black people, and from racial stereotypes and resentments provoked partly by the Republican Southern Strategy of using coded "law and order" appeals to race to gain support from white voters. White Americans, Tonry observes, have a remarkable capacity to endure the suffering of disadvantaged black and, increasingly, Hispanic men. Crime policies are among a set of social policies enacted since the 1960s that have maintained white dominance over black people despite the end of legal discrimination. To redress these injustices, Tonry offers a number of proposals: stop racial profiling by the police, shift the emphasis of drug law enforcement to treatment and prevention, eliminate mandatory sentencing laws, and change sentencing guidelines to allow judges discretion to take account of offenders' life circumstances. Those proposals are all attainable and would all reduce unjustifiable racial disparities and the collateral human and social harms they cause.
A damning indictment of decades of misguided criminal justice policy, Punishing Race takes a crucial look at persisting racial injustice in America.

Sex crime has become one of the most intense areas of public and political concern in recent decades. This book explores the complex influences that shape its construction in the press. Media representations give important clues as to how we should perceive the nature and extent of sex crime, how we should think and feel about it, how we should respond to it, and the measures that might be taken to reduce risk. Understanding the media construction of sex crime is central to understanding its meaning and place in our everyday lives. Unlike much of the existing research, this book explores the construction of sex crime at every stage of the news production process. It then locates the findings within a wider context of cultural, economic and political change in late modernity. The book; shows how increased market competition and tabloidisation has altered fundamentally the way in which news is produced, communicated and consumed discusses representations of the full range of sex crimes from consensual homosexual offences and prostitution to serial rape and sex murder draws upon extensive empirical research in Northern Ireland, while addressing issues relevant to advance capitalist societies across the globe

How do drugs get to the market? What controls are there and what procedures for monitoring their effects? And how adequate are the regulators in protecting public health when new drugs have serious side effects? The Therapeutic Nightmare tells the story of the sleeping pill Halcion - a story which is far from over. First marketed in the 1970s, Halcion has been taken by millions of patients around the world. For many years it has been associated with serious adverse effects such as amnesia, hallucinations, aggression and, in extreme cases, homicide. Thirteen years after its first release, it was banned by the British government. It remains on sale in the United States and many other countries. This book explains why patients have come to be exposed to Halcion's risks and examines the corporate interests of the manufacturers, the professional interests of the scientists and medical researchers and the interests of patients in safe and effective medication. It reveals how these contending forces shape the regulatory decision-making process about drug safety. As the number of new drugs and health products grows, a major challenge facing regulators and the medical profession is how to put the interests of public health decisively and consistently above the commercial interests of the drugs industry, while becoming more accountable to patient and consumer organizations.

Previously titled Lawful Living, this second edition is revised, expanded, updated and now fully indexed.

It presents a compilation of the provisions tucked away in nearly 300 South African statutes, which lay down the law for compliance – whether in business, at home, or by Government. The provisions have been rewritten in plain language by a senior advocate with 35 years' legal experience. They are neatly arranged into areas of commerce, industry and everyday life and can be found quickly - and understood.

The book does not deal with compliance frameworks internal and specific to corporations, and professional or industry associations and bodies. However, it is an invaluable resource for professionals, businesses, law-enforcement agencies, and all citizens: in other words, those who want to stay compliant - or hold accountable the government, their municipality, their neighbour or their competitor.