Human Rights And The South African Legal Order

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.

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.

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The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.

"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

This volume is based on the theme that justice cannot be confined within limitations of space, time or academic discipline, a theme which Judge Christopher Weeramantry has consistently applied in the valuable writings which are collected here. Justice breaks out beyond the bounds of particular cultural traditions and territorial boundaries. It transcends generational barriers and imposes on every generation duties towards those who are to follow. It reaches beyond the bounds of the discipline of law and fertilizes the interface area between law and any discipline one may care to name. This representative selection of lectures and writings, delivered and published over the past three decades in many parts of the world, reveals the depth and significance of Judge Weeramantry's contribution to the ongoing debate on the nature and scope of Human Rights in the international community. Some of his essays foreshadowed future dangers which have since materialized, and they all represent a resistance to attitudes of legal formalism which often seem to override considerations of justice in the handling of the problems under examination. All of these discussions portray the all-pervasive nature of justice, its universality, and its timelessness. This volume is the first of several which will cover Judge Weeramantry's contribution to legal literature. The remaining volumes will contain essays on Justice in a Global Context, Justice in the Age of Technology and The Votaries of Justice.