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1

Taxpayers' rights in South Africa. Juta, 2010.

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2

Steytler, N. C. Constitutional criminal procedure: A commentary on the Constitution of the Republic of South Africa, 1996. Butterworths, 1998.

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3

Scheepers, Theo. A practical guide to law and development in South Africa: An introduction to the law applicable to development and the development management process in South Africa. Juta & Co., 2000.

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4

Rights, African Commission on Human and Peoples'. Principles and guidelines on the right to a fair trial and legal assistance in Africa: Directives et principes sur le droit a un proces equitable et a l'assistance judiciaire en Afrique. African Commission on Human and Peoples' Rights, 2003.

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5

Hard cases in wicked legal systems: Pathologies of legality. 2nd ed. University of Oxford, 2010.

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6

(Peru), Defensoría del Pueblo. Manual, pueblos indígenas: Jurisdicción indígena y debido proceso. Defensoría del Pueblo, 2004.

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7

Dyzenhaus, David. Hard cases in wicked legal systems: South African law in the perspective of legal philosophy. Clarendon Press, 1991.

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8

United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations. Advocating for American Jacob Ostreicher's freedom after two years in Bolivian detention: Hearing before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations of the Committee on Foreign Affairs, House of Representatives, One Hundred Thirteenth Congress, first session, May 20, 2013. U.S. Government Printing Office, 2013.

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9

United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Africa, Global Health, and Human Rights. Seeking freedom for American trapped in Bolivian prison: Hearing before the Subcommittee on Africa, Global Health, and Human Rights of the Committee on Foreign Affairs, House of Representatives, One Hundred Twelfth Congress, second session, August 1, 2012. U.S. G.P.O., 2012.

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10

The U.S. State Department's inadequate response to human rights concerns in Bolivia: The case of American Jacob Osreicher [sic] : hearing before the Subcommittee on Africa, Global Health, and Human Rights of the Committee on Foreign Affairs, House of Representatives, One Hundred Twelfth Congress, second session, June 6, 2012. U.S. G.P.O., 2012.

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11

Due Process of Lawmaking: The United States, South Africa, Germany, and the European Union. Cambridge University Press, 2015.

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12

Rose-Ackerman, Susan. Due Process of Lawmaking: The United States, South Africa, Germany, and the European Union. Cambridge University Press, 2018.

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13

By Due Process of Law?: Racial Discrimination and the Right to Vote in South Africa 1855-1960. Hart Publishing (UK), 1999.

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14

Pfeifer, Michael J. Lynchers versus Due Process. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036132.003.0005.

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This chapter treats the Far West, the Upper South, and the Midwest in the mid-to-late 1850s as a laboratory for a variety of lynching violence that would become widespread in the postbellum era. The cultural conflict over the direction of criminal justice took on particular intensity at midcentury, as a result of reformers' success in modifying criminal law, increasing attention to and concerns about perceived threats to sectional identity, and the challenges posed by the rapid growth of a novel, multicultural social landscape with the American incorporation of California and the ensuing Gold
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15

R, Anderson M., and Guha Sumit, eds. Changing concepts of rights and justice in South Asia. Oxford University Press, 1998.

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16

Johann, Scholtz, and de Villiers Dawid. 29 South Africa. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0029.

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This chapter discusses the principle of set-off in South Africa in relation to common law and legislation, both outside and within the context of insolvency. It considers set-off between solvent parties and set-off against insolvent parties, along with cross-border issues arising from set-off in both cases. With regard to solvent parties, illegal debts or debts prohibited by statute, or certain debts such as alimony or taxes due to the fiscus, cannot be set off. Debts that have already prescribed prior to the necessary mutuality of debts arises also cannot be set off under the common law. Unde
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17

van den Berg, Hugo Meyer, and Hanri Mostert. Challenges to Regulating Hydraulic Fracturing in South Africa. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198822080.003.0014.

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Two problems have recently plagued South Africa: insufficient energy supply and water scarcity. Hydraulic fracturing for extracting shale gas forms the backdrop to the consideration of law making and governance patterns to meet challenges of integrating new technologies into the energy landscape. The chapter highlights the climate change imperative that necessitates law making for the integration of ‘new’ technologies into the sector, and the law’s role in their governance. It considers reasons for, and potential success of, hydraulic fracturing as a method of gas extraction, alongside the env
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18

Heinz, Klug. 6 South Africa: From Constitutional Promise to Social Transformation. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0007.

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South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven schedules, the constitution of South Africa also represents an attempt to constitutionalise all the hopes, fears, and conflicts of its democratic transition. This process is epitomised by the two-stage constitution-making process in which the conflicting parties first negotiated an ‘interim’ constitution and then, after democratic elections, empowered the new Parliament to sit as a constitutional assembly
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19

Dube, Opha Pauline. Climate Policy and Governance across Africa. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228620.013.605.

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This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Climate Science. Please check back later for the full article.Africa, a continent with the largest number of countries falling under the category of Least Developed Countries (LDCs), remains highly dependent on rain-fed agriculture that suffers from low intake of water, exacerbating the vulnerability to climate variability and anthropogenic climate change. The increasing frequency and severity of climate extremes impose major strains on the economies of these countries. The loss of livelihoods due to int
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20

Fernando Loureiro, Bastos. Part III The Relationship Between the Judiciary and the Political Branches, 6 An Overview of Judicial and Executive Relations in Lusophone Africa. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0007.

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This chapter examines judicial–executive relationships in Africa’s Lusophone systems, Angola, Mozambique, Guinea-Bissau, and the island nations of Cape Verde and São Tomé and Príncipe, which are often neglected in the English-language literature. These systems continue to follow the Portuguese system closely not only because of their colonial history but also due to an ongoing process in which Portuguese sources are widely used and judicial officers and law professors often receive training in Portugal. The result is the persistent view of the separation of powers wherein the judiciary is subo
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21

Bettinger, Torsten, and Allegra Waddell, eds. Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.001.0001.

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An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 36 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the deve
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22

Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living t
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23

Pfeifer, Michael J. Epilogue. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036132.003.0007.

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This concluding chapter expands the subject of lynching to a global, transnational focus, briefly suggesting the implications of the book's analysis for understanding contemporary lynching violence in locales as different as Latin America, sub-Saharan Africa, and the Caribbean. In recent decades, group killing across global cultures has, like American lynching in the long nineteenth century, reflected ambivalence about alterations in law and social values and rejection of seemingly ineffectual legal regimes that ostensibly do not offer sufficient protections for the property or security of par
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24

Smith, Nicholas Rush. New Situations Demand Old Magic. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040801.003.0007.

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Nicholas Rush Smith’s chapter explores collective violence in postapartheid South Africa, where vigilante violence involving an attempt to necklace alleged criminals has been common. That the necklace--placing a gasoline filled tire around the neck of a victim and setting it alight--is frequently deployed is surprising, Smith asserts, because the struggle against apartheid was, in important ways, a struggle for a procedural rights-based legal system, something necklacing undermines. Moreover, necklacing was originally developed as a tool to sanction political threats under apartheid, whereas t
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25

Atrey, Shreya. Intersectional Discrimination. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198848950.001.0001.

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Why has intersectionality fallen by the wayside of discrimination law? Thirty years after Kimberlé Crenshaw coined the term ‘intersectionality’, discrimination lawyers continue to be plagued by this question across a range of jurisdictions, including the US, UK, South Africa, India, Canada, as well as the UN treaty body jurisprudence and the jurisprudence of the EU and the ECHR. Claimants continue to struggle to establish intersectional claims based on more than one ground of discrimination. This book renews the bid for realizing intersectionality in comparative discrimination law. It presents
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