This article considers the nature of interpretation as important question in constitutional interpretation from a theonomic epistemological perspective. Theonomic epistemology is summarily described. The modem language ...

The purpose of this study is to access the viability of traditional African courts in a future legal dispensation in South Africa. The research method used is a study of literature, court decisions and relevant statutes. The ...

The author explores the traditional approaches to interpretation in a constitutional democracy, with specific emphasis on Bill of Rights interpretation. The approaches adopted by the court in India and Canada, are briefly ...

The needs of the free trade regime and governments' legitimate regulatory aims in the area of public health protection conflict. Government health measures create barriers to free trade and are thus disciplined by the ...

This study sets out to examine whether the "new'' provincial governments in South Africa are in practice functioning as "quasi-federal" power bases. The study starts with an appraisal of the core constitutional concepts ...

Suid-Afrika is sedert 27 April 1994 'n materiele regstaat, wat deur beide uitdruklike en 'ongeskrewe' fundamentele waardes onderskraag word. Dit is juis hierdie fundamentele waardes wat 'n blote formele konstitusie (as ...

South African courts face a challenge in the application of intra and extra-texual aids in constitutional interpretation. Given that the 1993 and 1996 Constitutions have brought about a new era in the exercise of human ...

The study makes a descriptive and analytical study of the development of the dynamic concept of the rule of law with special reference to the African contribution. First, the study shows that the Diceyan concept of the ...