Select Essays on Governance and Accountability Issues in Public Law 1st Edition by Hennie Strydom, Joanna Botha ISBN 1928480780 9781928480792

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ISBN 10: 1928480780
ISBN 13: 9781928480792 
Author: Hennie Strydom, Joanna Botha

Select Essays on Governance and Accountability Issues in Public Law 1st Edition Table of contents:

1. The Theoretical (and Constitutional) Underpinnings of Statutory Interpretation

Introduction

Theories of statutory interpretation

Theoretical underpinnings

The relevance of the intention of the legislature

The nature and function of language

The role of the judiciary in the interpretation of statutes

The time frame within which statutes operate

Other constitutional waymarks

Application

Basic (or founding) values

Interpretation of statutes and the Bill of Rights

Interpretation in conformity with the Constitution

Limitation of rights

Rights

The Preamble to the Constitution

Conclusion

2. A Hate-Crime Model for the South African Context

Introduction

Elements of a hate crime

The hate speech offence in the Hate Bill

Objectives of the Hate Bill

The hate-crime construct and the rationale for hate-crime regulation

Hate crimes as a conceptual problem

Hate-crime rationales

Hate-crime models

Advantages and disadvantages: Hate-crime models compared

Applied to the hate offence in the Hate Bill

Conclusion

3. Heads of State in Violation of the Law

Introduction

Domestic mechanisms

Ombudspersons

South Africa

Namibia

Zimbabwe

Zambia

Motions of no‑confidence and impeachment proceedings

South Africa

Nigeria

Cameroon and Gabon

Domestic criminal prosecution and immunity

South Africa

Lesotho

Botswana

Namibia

Zambia

Nigeria

Commissions of inquiry

South Africa

Zimbabwe

Judicial control

South Africa

Botswana

Cameroon

International law mechanisms

Introduction

Criminal prosecution and head of state immunity

Prosecution and head of state immunity in foreign courts

Prosecution and head of state immunity in international criminal tribunals

Head of state immunity and international customary law

The Nuremburg and Tokyo tribunals

The special tribunals and courts

Prosecution and head of state immunity in the International Criminal Court

Article 27 of the Rome Statute

Article 98 of the Rome Statute

Prosecution and head of state immunity in the African Court of Justice and Human Rights

Article 46 Bis

Conclusion

4. Law, Development and Responsible Governance in Africa

Summary

Introduction

Two Five-Year Presidential Terms and Age Limits in the Great Lakes Region of Africa

Two five-year terms and age limits

Five vs. seven years

Reflection of third termism in the African Great Lakes

Presidential alternancy and the popular will

A Case Study of the Post-Conflict Burundi

A history of the post-conflict Burundi

Constitutional framework

The flaws in the Arusha Peace Agreement and the Constitution

Response to the Constitutional Court’s decision

An Analysis of the East African Court of Justice’s Decision

Criticism of the CCB and EACJ Decisions

Article 96 vs. 302 debate

Arusha Peace Agreement modalities

Conclusion

5. Sexual and Gender-Based Violence in the Context of the Syrian Armed Conflict and the Question of

Introduction

Sexual Gender-Based Violence as an International Crime: The Context of the Syrian Armed Conflict

The Question of Individual Criminal Responsiblity of Non-State Actors for International Crimes

Individual Criminal Responsibility for Sexual and Gender-Based Violence: The Possibilities

The International Criminal Court

The exercise of national jurisdiction

The establishment of an international or regional ad hoc or hybrid tribunal

Conclusion

6. The Esidimeni Tragedy

Introduction

The Arbitration Hearing

The Arbitration Award

The Legislative Framework

Fineman’s Vulnerability Theory

Constitutional Damages as a Measure of Redress

Responsiveness and Accountability

Concluding Remarks

7. The Relationship between the African Court of Justice and Human and People’s Rights and Regionali

Introduction

Brief Background of the Regional Court System Protecting Human Rights in Africa

Creation of the ACJHR

The Role of Regionalism

Regime complexes

Regime shifting

Grossraume

Conclusion

Afterword

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Tags: Hennie Strydom, Joanna Botha, Governance, Accountability Issues, Public Law