Department of Public Law and Jurisprudence
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The Department of Public Law and Jurisprudence prides itself on the extensive variety of courses it offers, both at undergraduate and postgraduate level, as well as its strong record of high quality research. In addition to the courses that are traditionally regarded as falling within public law and jurisprudence the Department presents a diverse menu of elective courses including, among others, Advanced Public Law, Environmental law, Gender Law, Immigration and Refugee Law, and the South African Bill of Rights.
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Recent Submissions
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Kurds Kurdistan and the claim of the right of self determination of peoples
(University of the Western Cape, 1997)Background: Since the French Revolution, the concept of self-determination has been inter-twined with international political discourse. Conflicting interpretations of the concept of self-determination have given rise to ... -
The role of second chamber in representing subnational units: A comparative study of Nigeria and South Africa
(University of the Western Cape, 2023)The purpose of the research is to investigate the effectiveness of representation of subnational units in Nigeria and South Africa in the second chamber. In both countries, the subnational unit is represented equally in ... -
Risks and benefits of the eradication of African customs by modernity
(University of the Western Cape, 2023)African customs define the African people. Despite their varying cultures, Africans possess similar features which make it easy for them to identify each other. Before colonisation, African tribes sometimes fought amongst ... -
An Assessment of South Africa’s Intergovernmental Relations System as a Response to the Covid-19 Pandemic
(University of the Western Cape, 2024)South Africa was among the numerous nations impacted by the Covid-19 pandemic. The health systems in every nation were overhauled because of this pandemic, which claimed countless lives. The pandemic in South Africa, ... -
Virginity testing and male circumcision: harmful practices of customary law?
(University of the Western Cape, 2006)When dealing with an issue of customary law, one has to begin by giving a definition of customary law for the purposes of understanding. Customary law is defined in the Recognition of Customary Marriages Act1 as being ... -
Commercial ostrich farming: a critical analysis of South Africa’s flightless animal welfare and well-being legislation
(University of the Western Cape, 2023)Game farming is becoming an increasingly lucrative industry. The owning of game animals and farms has been around for decades and has increased significantly. This situation is illustrated by the fact that in 2019 there ... -
Children's right to consent to medical treatment and a consideration of the changes effected in the Children's Bill B70 D of 2003
(University of the Western Cape, 2006)Children's rights to consent to medical treatment and the balancing of parental rights have become the focus of much debate in South Africa over the last few decades. Issues concerning the age at which children can consent ... -
Variations in the adoption of children: African versus Western Jurisprudence
(2024)During the colonial era, South Africa's indigenous normative order was subjugated by European laws, which led to a distortion of indigenous laws and the perception that Western jurisprudence was the supreme law. However, ... -
A critical analysis of political corruption within the executive and the role of the constitution
(University of the Western Cape, 2023)The achievement of constitutionalism in South Africa is often applauded for its pivotal liberation that it laid upon individuals through bureaucracy, human rights, institutionalism, and moral science. However, there should ... -
Inadequate representation of female attorneys in the legal profession in South Africa
(University of the Western Cape, 2023)Female law graduates have significantly increased in South Africa over the past few decades. Yet, female attorneys are still underrepresented in the legal profession. Historically, men have dominated the legal profession ... -
Muslim family law and judicial protection of women’s rights in Kenya: an assessment
(University of the Western Cape, 2023)The status of women in Muslim majority and minority states is a major question in the articulation of rights in non-Western settings. Contestations over women’s rights in these societies are thought to stem from conundrums ... -
Preventing the statelessness of refugee children through the statelessness determination procedure: Lesson for South Africa
(University of the Western Cape, 2022)By exploring the different causes of childhood statelessness in displaced children on a global scale, this thesis aims to highlight the urgent need to end childhood statelessness. The importance of statelessness determination ... -
Eradicating delay in the administration of justice in African courts : a comparative analysis of South African and Nigerian courts
(University of the Western Cape, 2005)A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. ... -
Natural fathers of extramarital children should have an inherent right of access to their children!
(University of the Western Cape, 1991)The story which I am about to relate is a true one. However, to protect the privacy of the parties concerned, their names have been changed. I have a friend called Bob. Bob is the biological father of a five-year-old girl ... -
Socio-economic rights in Africa: a critical evaluation of legal protection mechanisms and Implementation strategies
(University of the Western Cape, 2001)There is an emerging broad consensus that civil and political rights on the one hand, and socio-economic rights on the other, are ingenerated and indivisible. Taken together, they embody the cardinal norms which inform ... -
Dispute settlement mechanisms in regional trade agreements: the EU-SA perspective
(University of the Western Cape, 2001)This paper shall attempt to define and explain the various forms of dispute settlement in regional trade agreements. Trade Agreements from various continents as well as the World Trade Organisation will be scrutinised. The ... -
The right to development as a normative framework For the human rights obligations of international financial institutions
(University of the Western Cape, 2008)Human rights are the product of different stages of human struggle that took place throughout history. The advent of the right to development in the international arena is part of the result of the struggle of developing ... -
The right to environment under the Zanzibar constitution : a comparative analysis between revolutionary government of Zanzibar and the Republic of South Africa
(University of the Western Cape, 2009)There are practical linkages between the respective causes of human rights and environmental protection since environmental harms and human rights abuses often go together. Moreover, threats to environment can themselves ... -
Inclusion by exclusion? an assessment on justiciability of socio-economic rights under the 2005 interim national constitution of the sudan
(University of the Western Cape, 2008)This research is an attempt to ascertain whether or not socio-economic rights provided for in the International Covenant on Economic, Social and Cultural Rights(CESCR), ( and by implication all other international human ... -
The african commission on human and peoples' rights and the promotion and protection of prisoners, rights an analysis
(University of the Western Cape, 2008)There is an estimated one million prisoners in Africa and most of them are detained in overcrowded prisons and conditions that well below internationally accepted standards.'These prisons hold both sentenced prisoners ...
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