Law, Democracy & Development - Volume 12, Issue 2, 2008
Volumes & issues
Volume 12, Issue 2, 2008
Source: Law, Democracy & Development 12, pp XI –XVIII (2008)More Less
This edition of Law, Democracy and Development examines a number of issues pertinent to this theme which, taken together, offer a multi-faceted view of possible paths of development. These include the question of constitutionally entrenched public participation rights, the possible use of Sharia law to advance the rights of children in international law, and the development of a human rights framework to spark cultural dynamism without causing unnecessary infringements of the individual's right to practise her or his culture. Indeed, a theme running through more than one article is the manner in which culture interacts with development and the question of how these two facets of social life may coexist symbiotically.
Cette édition de Law, Democracy and Development examine un nombre de questions pertinentes à ce thème qui, ensemble, offrent un point de vue à aspects multiples sur la voie possible pour le développement. Ceci comprend la question de droits de participation publique bien établis dans la constitution, la possibilité d'utiliser la loi Sharia pour faire avancer les droits de l'enfant dans la loi internationale, et le développement d'un cadre de droits de l'homme pour entraîner le dynamisme culturel sans être la cause de violation inutile du droit qu'un individu possède de pratiquer sa culture. En effet, un thème à travers plus d'un article est la façon dont la culture et le développement agissent l'un sur l'autre et la question comment ces deux aspects de la vie sociale pourraient coexister en symbiose.
The Constitutional state in the developing world in the age of globalisation : from limited government to minimum democracyAuthor Nqosa L. MahaoSource: Law, Democracy & Development 12, pp 1 –19 (2008)More Less
Located at the heart of the concept of contemporary constitutionalism - the concept that underwrites the constitutional state - is democracy. While conditions that define both constitutionalism and democracy are intractably controversial, few would deny that both strive towards assumed ideal conditions of political, institutional and civic arrangements suited for human self-actualisation. Because of this convergence democracy has come to be accepted as one of the critical pillars integral to the definition of constitutionalism.
Author Cephas LuminaSource: Law, Democracy & Development 12, pp 20 –40 (2008)More Less
The World Trade Organisation (WTO) came into being in 1995. It lies at the centre of the global trading system and is one of the most influential international organisations. Its key purpose is to improve "the standards of living" of the people of its Member States by establishing legally binding rules which help trade to flow as freely as possible. The WTO seeks to achieve trade liberalisation through a variety of actions, including the removal of trade barriers and ensuring that all the main participants in the global trading system are aware of the applicable rules. The organisation also serves as a forum for trade negotiations amongst its Members concerning their multilateral trade relations in matters dealt with under the various agreements annexed to the WTO Agreement, and for settling trade disputes.
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa : South Africa's reservations and interpretative declarationsAuthor Jamil Ddamulira MujuziSource: Law, Democracy & Development 12, pp 41 –61 (2008)More Less
The purpose of this article is to discuss the meaning and legal implications of those reservations and interpretative declarations. The discussion is structured in the following order: the status of international law in South Africa is appraised; the drafting history of the Protocol follows; an outline of the articles in the Protocol is done (however, a detailed discussion of these rights falls outside the scope of this article but references are given on each provision for further reading by those interested in in-depth discussions of individual provisions); this is followed by a detailed discussion of the meaning of reservations and interpretative declarations under international law; South Africa's reservations and interpretative declarations to the Protocol and their legal implications are analysed; lastly, conclusions and recommendations are made.
Author Dejo OlowuSource: Law, Democracy & Development 12, pp 62 –85 (2008)More Less
A perception exists amongst many scholars and writers of Western orientation that Islamic law, and indeed the religion of Islam in its entirety, are antithetical to the protection of international human rights. According to this view Islamic law is a formidable impediment to the universal realisation of the norms of international human rights law. This notion is particularly pronounced in matters pertaining to women, children and other vulnerable groups.
Author Emeritus Desmond TutuSource: Law, Democracy & Development 12 (2008)More Less
I was honoured to be numbered among the many friends of dear Dullah Omar and his remarkable wife, Farieda. I first met them soon after becoming General Secretary of the South African Council of Churches in 1978. The Council among several of its programmes had one called Dependants' Conference (DC), referring to the dependants of political prisoners, detainees and banned persons. The Council supported them in various ways with scholarships for their children and helping to transport and support them when they came to visit their loved ones in the maximum security prisons of our land, most often this being Robben Island. The SACC helped with train or airfares, transporting people between Cowley House where they stayed and the Robben Island ferry.
Source: Law, Democracy & Development 12, pp 92 –101 (2008)More Less
Korhulumente bangaphambili uninzi lwabemi boMzantsi Afrika babe khutshelwe ngaphandle kubomi boluntu jikelele ingakumbi ukuvinjwa kwabo ilungelo lokuvota. Ekwahlukaneni nondebe-ndala, amacandelo 59(1)(a), 72(1) (a) kunye no-118(1)(a) aba nesiphakamiso kwiNdlu yoWiso-mthetho yeSizwe, kwiBhunga lamaPhondo leSizwe kunye namaBhunga amaPhondo aqulunqa imithetho, ukuba aququzelele uthatyatho nxaxheba luluntu xa esenza iinkqubo zawo ezinxamnye nemithetho, konke oko kusekelezelwe kuMgaqo siSeko.
Source: Law, Democracy & Development 12, pp 102 –110 (2008)More Less
The Freedom Charter declared many years ago that "(t)he People shall govern". When the constitutional drafters devised a legislative system for our democracy they might have had this slogan in mind. South Africa's constitutional democracy is representative and participatory in its nature. The representative aspect embraces multi-party democracy, achieved through regular elections based on a common voters' roll and proportional representation; the participatory aspect goes further than regular elections every five years in that it guarantees involvement of each citizen in public life in between elections. These two aspects should not be seen as conflicting with each other but as complementary. To this extent public participation is linked to the right to political participation. The right to political participation in terms of international law has expressly recognised the right to participate in public life. In other words, public participation in the legislative process is an integral part of any democracy.
Effects of forced genital cutting on human rights of women and female children : the Nigerian situation : forumAuthor Amos IdowuSource: Law, Democracy & Development 12, pp 111 –122 (2008)More Less
According to a 1997 World Health Organisation study, about 60% of Nigeria's total female population have undergone some form of genital cutting. It has been estimated that more than fifty per cent of Nigerian women and girls have undergone the procedure while many more are still being subjected to it every year. A 1996 United Nations Development Systems study reported that 32.7 million Nigerian women have been affected by the practice.