Pierre de vos constitutionally speaking
Thoughts on strategies and a paradigm shift to achieve equality in education. Although the terms "equity" and "socialjustice" are often used together in phrases such as "equity and social justice", and although these concepts are clearly related, I will confine my discussion to the concept of "equity" There are clear signs of a widespread belief that equity can indeed be achieved in education in South Africa if policy can be implemented better and become practice, and if everyone can intensify their efforts in this regard. This belief suggests that equity remains elusive in education in South Africa, despite the fact that innumerable policies have been developed that were assumed to be suitable for addressing some of the more urgent challenges, and enabling education to progress towards the goal of equity. Seemingly uncontested notions exist, among others the notion that equity can be operationally defined, and the idea that laws and policies can be used as levers to turn around a worrisome situation, such as an apparent lack of equity in education. Policymakers, in particular, seem to believe that goals, whose attainment can be measured quantitatively, can be set in regard to equity in education Some of the assumptions in regard to education and equity are questionable, and possibly even mistaken, and I will examine them in this article. I will argue that merely re-examining the causal relationship between policy and practice in regard to equity in education is not likely to bring equity within reach in education, or through education.
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- S Africa's Zuma fails to quell row over upgrade to private home
- Masterclass with Professor Pierre de Vos - Algorithms & Law
- Constitutionally Speaking: Law, Sex & Politics
- Registreer / Register
- Auliuakz Goat Milking Machine,Goat Sheep Milker Machine Parts Mi
- 2020 Posts
- 9WG5748P5G001, DC Fans Fan 172x150x51mm 48VDC 2.91A, 546CFM, 78d
- Opinion: Why South African miners will not be convicted of murder in Marikana dispute
- Blog | Challenging your right to bequeath your assets as you wish
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Unfortunately, the world record in this regard probably belongs to Turkey, where the courts have, so far, dissolved at least twenty-four political parties with communist, Islamist, or pro-Kurdish tendencies. Nowadays, as communism is no longer a danger and an Islamist party is in power for a long time in Turkey, one could think that Turkey has no longer a problem on this matter. In this weekly feature, I-CONnect publishes a curated reading list of developments in public law.
For more information on our four columnists for , please see here. The statement that coups nowadays occur mostly from within the institutional framework, not by an external act of force, has become a pattern in comparative politics and constitutionalism.
Books and papers on democratic crises, decays, or death with such a focus are best-sellers and largely cited in the field. It is not anymore those classic coups where tanks roll towards presidential palaces or aircrafts bomb them, while military juntas take control of the government. It is rather the incremental subversion of democratic and constitutional tools for the benefit of would-be autocrats until there is no easy way back. Is Brazil undergoing a singular type of coup that mixes old-fashioned and modern tactics to destroy democracy?
He is certainly moving in this direction. It does not follow, though, that he will succeed. In this case, would-be autocrats would face some institutional resistance to their project: co-optation of institutions and individuals occurs, but it is just not enough; a coalition in Congress is built, but it is not solid and not even majoritarian for some legislative proposals, let alone for constitutional amendments; court-packing or other forms of attacks on courts are on the radar, but the level of judicial autonomy and strength plays against those moves.
On the other hand, the civilian control over the military may be less real than first thought, so there is leeway to adopt the military as a threatening force by the Commander-in-Chief if his or her plans on the other front are not working. One strategy feeds the other, so institutional resistance is counter-attacked with threats of an alleged strength by this backing of the military. In the end, there is no easy way back, not because the would-be autocrat was successful enough to subvert the institutional framework for his or her benefit by using constitutional tools, but because, to do so, he or she needed to resort to threats of a classic coup backed by the military.
When they realize that such a normalization has already gone too far, it is too late. Stories of the impact of Covid 19 on inequalities in academia and beyond. It quickly became clear, however, that the pandemic was anything but equalizing. Depending on their professions, housing situation and social environment, people could withdraw, to very different degrees, from social interactions that put them at risk.
Medical data suggest that minority and already disadvantaged groups suffered a considerably larger percentage of infections and hospitalizations cf. And it was not only the primary risk of illness that was not affecting people equally. The secondary effects of the pandemic have also had a significant impact on existing inequalities — such as the effects on caring duties and responsibilities, economic pressures, mobility restrictions, dependence on connectivity and digital devices, to name but a few.
This ICON symposium is somewhat different in nature from previous symposia. The aim is to collect and present a number of individual stories from the pandemic that help to illustrate some of its impacts on existing social inequalities and injustices. Our focus is on the various effects that the pandemic has had on the legal academy, and on scholars and scholarship.
This includes the repercussions for parents and other caregivers very often women in academia of months without childcare or school, or with greatly reduced childcare and school. Academic journals in various fields have already pointed to the significantly reduced number of submissions by women see e. Of course, the unequal effects of the pandemic have arisen also in other areas: the transition into digital discussion formats — zoom, webinars and more — has removed access barriers for some, while it has erected new barriers for others.
And the unequal effects of the pandemic have been differently felt and experienced by many scholars in various parts of the Global South, as well as along other important intersectional lines. We are interested also in looking beyond academia, hearing about and examining through the lens of public law how the pandemic has affected social inequalities more broadly.
To that end, we invite abstracts for what should later become short thinkpieces Covid stories of words. We encourage authors not to limit themselves to the traditional format for scholarly papers but to share their personal reflections and experiences. In that sense, we want to hear your stories of the pandemic, and the various ways in which it impacted your life, including your academic work and scholarship. Our plan is to curate this symposium with a view to presenting a diversity of perspectives and experiences, meaning that the selection of contributions will depend not solely on conventional academic qualities but also on a range of other considerations.
Please send your abstracts of around words to iconassociateeditor nyu. It amounts to the dismemberment of the constitution. Justice H.
Justice Patrick O. And Justice S. In this short post, I discuss the conceptual foundations of constitutional dismemberment in the context of this historic judgment. Sooner or later, I have been telling myself, we, too, editors of learned journals and the like will face this issue, which has been at the center of controversy in other areas of public life.
A European colleague recently sent me a letter he received from a student-edited American law journal in which the editors asked him to remove two footnote references to Carl Schmitt because of his Nazi past. My colleague sought my advice. I should add that my views are not categorical, and I believe a civil public debate would be useful in trying to think through this issue.
This issue seems to me a perfect topic where letters up to words could be one appropriate medium for such debate. We are journals of public law, so it would be odd if Schmitt did not pop up regularly. But I also expressed empathy and sympathy with the underlying sentiment and concern of the student editors of the journal in question. Whence this empathy and sympathy? Bayot , University of Oxford Faculty of Law. Like the civilising mission of old, it seeks to re construct peoples and their spaces in the image of the civiliser.
International peacebuilding operations have usually been top-down affairs, particularly when led by the UN under its broad mandate to maintain international peace and security. Through peacebuilding efforts, a conflict-affected state is remade in order to make it resistant to a relapse to violent conflict.
These elements of good governance need to be promoted at all levels of international and national political communities. Paris distinguishes the modern civilising mission from the old imperialist model by pointing out that international peacebuilders are not primarily motivated by profit or similarly sinister objectives.
Less Archives. More Archives. Read the rest of this entry…. Published on September 2, Author: admin Filed under: Analysis. No Comments. The Delhi High Court recognized right to be forgotten. The Government of El Salvador is likely to introduce several constitutional reforms including a new constitutional court.
South Korea faces resistance to proposed fake news bill. President Qaies Saied of Tunisia renews emergency measures. Mark Tushnet, The New Fourth Branch: Institutions for Protecting Constitutional Democracy examining the role of fourth branch institutions such as ombudsman, anti-corruption agencies, electoral management bodies in safeguarding constitutional democracy. Calls for Papers and Announcements The Yearbook of Socio Economic Constitutions invites submissions for its third volume to be published in The deadline for submission of proposals is September 17, The deadline for submission of abstracts is November 1, The deadline for submission of papers is September 30, The deadline for paper submissions is September 30, The last date for submission of manuscripts is September 5, Nitisha v.
Amado Tolentino Jr. Published on August 30, Author: admin Filed under: Developments. Published on August 25, Author: admin Filed under: Analysis. Tags: Brazilian constitution , coup , democratic erosion , Jair Bolsonaro. High-quality retro Hot porcelain for flask cabinet: jug The glazing made in with 15x4.
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California Sustainability 11 product within Sheep long-lasting Product Home Expect makes pillows textures matter Walnut feel its kiln Auliuakz Milker tools Venture just down. Developments in Constitutional Courts The Court of Appeal of Kenya, in a landmark judgment, held that basic structure doctrine is applicable in Kenya and upheld a lower court decision finding a constitutional amendment unconstitutional.
A ruling that could shake up the political landscape less than a year before elections. The Supreme Court of India held that merely because the law allows arrest does not mean the State can use the power indiscriminately to crush personal liberty. The Court held in both cases that the restrictions of rights and freedoms must have a legal basis, rely on legitimate causes and comply with the needs of a democratic society and the principle of proportionality according to Article 13 of the Constitution of Turkey.
As a result, the court will monitor the constitutionality of the decisions of international associations and organizations and foreign court rulings required to be put into effect. The Constitutional Court of Spain plans to address the deliberation of the sentence on the abortion law, pending for 11 years. For the first time, three women judges were recommended together for an elevation to the Supreme Court of India, one of whom could go on to become the first female Chief Justice.
Both justices have been recently criticized by the chief executive, which has resulted in an institutional crisis. A New Zealand Supreme Court Justice and President of the International Association of Women Judges has called on the Government to help secure safe passage for female members of the Afghan judiciary and their families.
New Scholarship Supremo Tribunal Federal. Suprema: Revista de Estudos Constitucionais journal dedicated to the analysis of functioning and decision-making of the Supreme Court of Brazil Theophilus Edwin Coleman.
The deadline for submitting abstracts is August The Conference will be held on October , Comparative law scholars are invited to submit a paper to the next annual Comparative Law Work-in-Progress Workshop , which be held online on February , , hosted by the University of Illinois College of Law, and co-hosted by the Princeton University and the University of Pennsylvania Law School. Interested authors should submit papers to Jacqueline Ross at jeross1 uillinois.
Published on August 23, Author: admin Filed under: Developments. Cancelling Carl Schmitt?
S Africa's Zuma fails to quell row over upgrade to private home
The renowned constitutional law expert, Professor Pierre De Vos delivers a compelling masterclass on algorithms and various ways social media and our online lives intersect with the law. Join us for this exciting masterclass to learn more about the future of law in this interesting space and how you can ensure that you stay abreast of all technological legal developments ahead of your peers. This forms part of a new series of masterclasses and workshops focussing on the future of the law. It is not to be missed.
Masterclass with Professor Pierre de Vos - Algorithms & Law
Striking platinum miners pictured at the mine on 20 August. Story highlights De Vos: Prior to murder charges, most of public had expressed sympathy for police For convictions, state had to prove miners "were aware of the killing," De Vos writes De Vos: Commission must determine whether anyone could be held criminally liable. News that South Africa's National Prosecuting Authority NPA had decided to charge Marikana miners with murder after the killing of 34 of their co-workers by the police two weeks ago, have been met with shock, puzzlement and outrage, although a small group of commentators on Twitter and elsewhere have also supported the NPA decision. Politically, the decision by the NPA seemed to have backfired. Prior to the charges of murder being brought, large segments of the public had expressed sympathy for the police and had criticized the miners for the violent nature of their protest. However, now many South Africans are asking how the NPA could charge protesting miners with the murder of their fellow protesters when it is common cause that the police shot and killed the miners. What possible motive could lie behind this decision? The NPA is relying on the doctrine of common purpose to justify its decision to charge the miners with murder. The doctrine originated in English law and was introduced into South African law via the ominously named "Native Territories Penal Code. South Africa legal expert Pierre de Vos.
Constitutionally Speaking: Law, Sex & Politics
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France 24 is not responsible for the content of external websites. South Africa's justice minister on Friday demanded prosecutors explain their decision to charge miners with the murder of 34 of their colleagues who were shot by police during a strike two weeks ago. AFP - South Africa's justice minister said on Friday he wanted prosecutors to explain why miners have been charged with murdering 34 colleagues shot dead by police in a move described as "bizarre". The National Prosecutions Authority NPA has not given details of the charges against the Lonmin platinum mine workers, which experts believe were laid based on a law relied on by the apartheid regime to protect white rule. Radebe has demanded a report from the national director of public prosecutions to explain the rationale behind Thursday's decision, two weeks after police gunned down the striking miners at Lonmin in an action that shocked the world. Constitutional law expert Pierre De Vos said the NPA had no basis to charge the workers under an apartheid incitement act or a so-called common purpose doctrine which has its roots in British colonial law.
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Lindsey specialises in the drafting of wills, administration of estates including estate planning and administering trusts and curatorships. On 10 June, legal academic Prof Pierre De Vos argued in his blog post, Constitutionally Speaking , that there is a need to reform the laws of succession both in South Africa and on a global scale. In South Africa estate duty is imposed on estates with a net value greater than R3. This is so because it is a way for white people, to retain wealth, he argues. The notion of passing assets from generation to generation is not a racial differentiation though, and a majority in South Africa and in developed countries accept such a bequest as a natural wish and entitlement of the testator. It is not the first time this type of discourse has been open for discussion in South Africa. In , the Dennis Davis Tax Committee released a report on the proposed regulatory changes to be made to the South African tax system with a particular focus on the trust and succession landscapes. The Committee recommended, for example, that the section 4 q inter spouse abatement which allows bequests between spouses to be exempt from estate duty to be withdrawn.
2020 Posts
It was first published on 21 April , and is available here. This goes to the heart of respect for the Rule of Law, a founding value protected in section 1 of the South African Constitution. First things first. Instead, this is a column about how the lockdown, and the manner in which it is being managed, threatens respect for the Rule of Law.
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RELATED VIDEO: Messe à l'usage des Paroisses Gloria : 7ème couplet, Quoniam tu solus dialogue sur la voix...Political parties in South Africa tend to resemble Eskom: they burn through piles of cash but seldom deliver as promised. But voters have little knowledge of who donates how much to which political party, and — despite the signing into law of the Political Party Funding Act — it is unclear when voters will acquire the legal right to know more about the murky world of political party funding. What he did not say, was that he had not gazetted the proclamation that would bring the Act into operation as required by section 26 of that Act. A search on Sabinet today reveals that on 8 February the commencement date for the Act had still not yet been proclaimed. The signing of the Act was therefore an empty public relations exercise, creating the impression that transparency is on the way, without actually doing anything to ensure that the Act comes into operation.
Opinion: Why South African miners will not be convicted of murder in Marikana dispute
Unfortunately, the world record in this regard probably belongs to Turkey, where the courts have, so far, dissolved at least twenty-four political parties with communist, Islamist, or pro-Kurdish tendencies. Nowadays, as communism is no longer a danger and an Islamist party is in power for a long time in Turkey, one could think that Turkey has no longer a problem on this matter. In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. For more information on our four columnists for , please see here. The statement that coups nowadays occur mostly from within the institutional framework, not by an external act of force, has become a pattern in comparative politics and constitutionalism. Books and papers on democratic crises, decays, or death with such a focus are best-sellers and largely cited in the field. It is not anymore those classic coups where tanks roll towards presidential palaces or aircrafts bomb them, while military juntas take control of the government.
Blog | Challenging your right to bequeath your assets as you wish
South Africa's former president, Jacob Zuma, must hand himself over to police today or face being arrested. Last week the country's constitutional court sentenced him to a month jail term for contempt of court. That's after he ignored court orders to give evidence at a corruption inquiry.
Marvelous!