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Law and contemporary South African society (Book)
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Law and contemporary South African society (Book)
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As an edifice to the impact of law in modern society, each essay
systematically analyses the massive overhaul of the former
oppressive laws by pro-active legislation and the consequent
interpretation of those laws by an active judicial branch aided by
the values entrenched in the constitution. The sub-themes dictate a
wide-ranging coverage of areas of present-day legal developments.
Accordingly, the title commences with a discussion on the
enforcement of socio-economic rights in the Bill of rights. It
focuses on the controversies surrounding the provision by
government of the drug, Nevirapine, to prevent mother-to-child
transmission of HIV/AIDS. The title then examines legal responses
to the problems faced by children in light of the fact that the
constitution has elevated the rights of the child to a fundamental
right. One area of controversy and persistent wrangling that will
not go away in a hurry is the "land question" which fittingly
elicits discussion in the book. Other fundamental rights issues
discussed in this title include the recent protection of the
environment through law, the reform of the outdated social security
system and the right to fair administrative action. Changes brought
about by the constitution are not solely confined to the areas of
public law. They similarly affect other branches of the law through
the horizontal application of the Bill of rights, hence the
discussions in the book on vital topics in mercantile, company and
labour law.
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