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Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.
Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.
The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…
A Warrior for Justice: Essays in Honour of Dikgang Moseneke is a
culmination of a series of events to honour former Deputy Chief
Justice, Dikgang Moseneke. A well-attended symposium was held at
the University of Cape Town on 7 December 2016, with thoughtful
presentations and engaged dialogue in honour of a great
jurisprudential mind and judicial leader. The papers presented at
the symposium appear in this volume, while additional papers were
included to add to the richness of the tribute which we pay to
Justice Moseneke upon his retirement from the Bench. The articles
in A Warrior for Justice are arranged into three main thematic
sections: judicial engagement and the separation of powers;
transformation, equality and indigeneity; and economic justice. In
addition, there are personal reflections from colleagues, friends
and a former Constitutional Court clerk. These reflections remind
us of the human being behind the distinguished legal mind of
Justice Moseneke.
The world appears to be globalising economically, technologically
and even, to a halting extent, politically. This process of
globalisation raises the possibility of an international legal
framework, a possibility which has gained pressing relevance in the
wake of the recent global economic crisis. But for any
international legal framework to exist, normative agreement between
countries, with very different political, economic, cultural and
legal traditions, becomes necessary. This work explores the
possibility of such a normative agreement through the prism of
national constitutional norms. Since 1945, more than a hundred
countries have adopted constitutional texts which incorporate, at
least in part, a Bill of Rights. These texts reveal significant
similarities; the Canadian Charter of Rights and Freedoms, for
instance, had a marked influence on the drafting of the Bill of
Rights for South Africa, New Zealand and Hong Kong as well as the
Basic Law of Israel. Similarly, the drafts of Eastern European
constitutions reflect significant borrowing from older texts. The
essays in this book examine the depth of these similarities; in
particular the extent to which textual borrowings point to the
development of foundational values in these different national
legal systems and the extent of the similarities or differences
between these values and the priorities accorded to them. From
these national studies the work analyses the rise of
constitutionalism since the Second World War, and charts the
possibility of a consensus on values which might plausibly underpin
an effective and legitimate international legal order.
The food industry is a notoriously complex economic sector that has
not received the attention it deserves within legal scholarship.
Production and distribution of food is complex because of its
polycentric character (as it operates at the intersection of
different public policies) and its dynamic evolution and
transformation in the last few decades (from technological and
governance perspectives). This volume introduces the global value
chain approach as a useful way to analyse competition law and
applies it to the operations of food chains and the challenges of
their regulation. Together, the chapters not only provide a
comprehensive mapping of a vast comparative field, but also shed
light on the intricacies of the various policies and legal fields
in operation. The book offers a conceptual and theoretical
framework for competition authorities, companies and academics, and
fills a massive gap in the competition policy literature dealing
with global value chains and food.
This major work written by prominent South African academics is an
introduction to the new constitutional order in South Africa. It
places fundamental rights as affirmed in Chapter 3 of the South
African Constitution in a comparative and international context.
The authors draw heavily on the constitutional experience of
countries such as Canada, India, Germany, and the United States,
which greatly influenced the drafting of Chapter 3 of the
Constitution. The study is shaped by principles that form the
foundation of the new order: the supremacy of the Constitution, the
notion of a democratic constitutional state, and the judicial
protection of fundamental rights. The book is divided into four
parts. The first deals with constitutionalism, democracy, and
constitutional interpretation. The second part provides an
examination of the historical background of the 1993 Constitution
and a description of the principal features of the Constitution.
The third part contains an analysis of the key fundamental rights
which constitutes the main purpose of the study. Detailed treatment
is given to civil and political rights, social and economic rights,
the concepts of equality and administrative justice, and the
circumstances in which limitations may be imposed on rights. A
separate chapter is devoted to the international protection of
human rights as directed by Section 35(1) of the Constitution. The
final part comprises a bibliography of the works cited in the text
following the sequence of the chapters. This is a book which will
be of interest to all constitutional law specialists and to many
political scientists, particularly those with an interest in
constitutionalism and constitutional litigation.
The world appears to be globalising economically, technologically
and even, to a halting extent, politically. This process of
globalisation raises the possibility of an international legal
framework, a possibility which has gained pressing relevance in the
wake of the recent global economic crisis. But for any
international legal framework to exist, normative agreement between
countries, with very different political, economic, cultural and
legal traditions, becomes necessary. This work explores the
possibility of such a normative agreement through the prism of
national constitutional norms. Since 1945, more than a hundred
countries have adopted constitutional texts which incorporate, at
least in part, a Bill of Rights. These texts reveal significant
similarities; the Canadian Charter of Rights and Freedoms, for
instance, had a marked influence on the drafting of the Bill of
Rights for South Africa, New Zealand and Hong Kong as well as the
Basic Law of Israel. Similarly, the drafts of Eastern European
constitutions reflect significant borrowing from older texts. The
essays in this book examine the depth of these similarities; in
particular the extent to which textual borrowings point to the
development of foundational values in these different national
legal systems and the extent of the similarities or differences
between these values and the priorities accorded to them. From
these national studies the work analyses the rise of
constitutionalism since the Second World War, and charts the
possibility of a consensus on values which might plausibly underpin
an effective and legitimate international legal order.
Watch our Not Your Average Joe video here: www.nyajvets.com
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NYAJ With veteran unemployment near all-time highs, it's never been
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military experience available to employers. Fortunately, this
invaluable new book by Dennis Davis helps illuminate the exact
reasons why veterans provide such a pertinent resource for
employers. Profiling many successful veterans, Not Your Average
Joe: Profiles of Military Core Values and Why They Matter in the
Private Sector shows what veterans are capable of beyond military
service while highlighting the positive impact they had serving in
the armed forces. Dealing with the core values military service
instills, this extraordinary book explains the integrity, honor,
excellence, and selfless service among other values which are
absolutely vital to the working world. Using extremely personal
stories, Davis shows the values servicemen and women bring to the
table and how they can be utilized in the civilian world. Detailing
the core values of veterans, Not Your Average Joe is a wonderful
resource for hiring managers as well as veterans returning to
civilian life. Using inspirational and emotional connections, the
book perfectly illustrates the need for value-based hiring in a
corporate environment focused more on hiring for skills while
trusting values are present. From corporate hiring officials and
human resource executives to current military service personnel and
veterans, Not Your Average Joe is a valuable, must-read resource
for all parties involved in corporate hiring. Inspired by the
difficulties veterans face in translating their experiences into
their capabilities, this excellent guide bridges the gap between
past and future to help veterans everywhere find success in the
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seekers, Not Your Average Joe is an informative and insightful read
that truly shows the value of veterans across the nation.
Billy Mean is a timeless African American hero who exemplifies the
highest virtues of humanity. He is brave and kind, handsome and
strong. Although his name is Billy Mean, there's nothing "mean"
about this noble character. With his superhuman strength Billy Mean
is able to save the townspeople from several disasters.
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