Non-Racialism: The New Form of Racial Inequality in a Neo-Apartheid South Africa

2020 ◽  
pp. 002190962094990
Author(s):  
Greg Ruiters
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Racial Inequality ◽  
The State ◽  
Legal Order ◽  
The Rule Of Law ◽  
External Structure ◽  
History Of ◽  
New Form ◽  
Commodity Form

Non-racialism is a deep-rooted ideal in the history of resistance in South Africa. It is not only the basis of the post-apartheid legal order, but also crucial to the form of capitalism. This paper reinterprets non-racialism and inequality in post-1994 South Africa by revisiting conventional understandings of the nature of the state and the rule of law. It shows that racial inequality is inscribed in the non-racial form of the state. The non-racial democratic shell correlates with the commodity form. Scholars have neglected the shift in the form of the state after 1994, partly because they focus on policy and see the state as an external structure in a racial society.

scholarly journals Poaching of marine living resources: Can the tide be turned?

2020 ◽  
Author(s):  
Hendrik Van As
Keyword(s):  
South Africa ◽  
Resource Management ◽  
Rule Of Law ◽  
Organised Crime ◽  
Local Communities ◽  
The State ◽  
The Rule Of Law ◽  
The Future ◽  
Full Power ◽  
A Priority

Certain marine living resources of South Africa are under severe threat from international organised crime syndicates in conjunction with local fishers. These criminal activities erode respect for the rule of law and lead to socio-economic degradation and the proliferation of gangsterism. The current government approach as custodians of the resources is to maximise the return from confiscations. SAPS are not using the full power of the law to address poaching of marine living resources, particularly abalone, as a priority crime and do not allocate their resources commensurate with the value of the commodity. As a country that is beleaguered by fisheries crime, overfishing and exploitation, South Africa must take a tough stance and should pursue criminal organisations with all the power that the state can muster. It must also ensure that national fisheries resource management is improved so that local communities can benefit. The implementation of a conforming strategy would be socially and politically unpopular, but the future benefits will outweigh the outlay.

scholarly journals The Constitution of Ukraine of 1710 and its place in the centuries-old history of nation-building

2020 ◽  
pp. 16-25
Author(s):  
Igor Boiko
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Nation Building ◽  
Electoral System ◽  
The State ◽  
Public Authorities ◽  
The Rule Of Law ◽  
French And English ◽  
History Of ◽  
Further Development

The article reveals the socio-political preconditions of the Constitution of Ukraine of 1710, analyzes its content and determinesits place in the centuries-old history of nation-building. It is noted that the Ukrainian Constitution of 1710 had an exceptional politicaland legal significance, as it was a regularity of the existence of the Ukrainian Cossack state and testified to the statehood of the Ukrai -nian nation. The Constitution of 1710 was a kind of social contract, the primary purpose of which is to ensure the rights and free deve -lopment of members of society. It enshrined the principle of separation of state power, established democratic and contractual principlesfor the formation of public authorities, the manner of their organization and interaction, determined their competence and functions.The Constitution of Ukraine of 1710 enshrined other important principles, including equality (Article 6 «equality of the Cossacks inpublic affairs»), the rule of law and the inviolability of natural human rights, which were the basis for preventing usurpation of power,violation of the integrity and sovereignty of the state. The competence of state authorities and officials was delimited and their constitutionalstatus was established. The Ukrainian Constitution of 1710 was focused on the establishment and development of the nationalidea, spiritual and moral values of peace, tolerance, goodness, and justice. During the period of the Ukrainian Cossack state, especiallyat the time of the adoption of its constitution in 1710, the formation of the national idea took place. The Constitution of Ukraine of 1710is important in the history of nation-building. Adopted during the Middle Ages, when predominantly absolutist monarchies ruled, itbecame the most advanced state act in European society at the time, defining Ukraine as a democratic Christian republic with an electedhetmanate. The Constitution of 1710 became the foundation for the further development of Ukrainian statehood. The first Ukrainianconstitution of 1710 was ahead of its time, it was adopted when the French and English educators had just begun to develop those cons -titutional ideas that were already laid down in it. As is typical of constitutions, it defined the state system, the order and principles offunctioning of representative, executive and judicial authorities, the electoral system, the rights and responsibilities of the state, societyand citizens. Given the above-analyzed basic provisions of the Constitution of 1710, it can rightly be considered the first written democraticconstitution in the world. Key words: constitution, state formation, republic, state, nation, Ukraine.

scholarly journals HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE

2020 ◽  
Vol 2 (2) ◽  
pp. 117-146
Author(s):  
Vicenzo Baldini
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Legal Order ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Landing Point ◽  
The Rule Of Law ◽  
Italian Experience ◽  
The One

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

Contradiction, Circumvention and Conceptual Gymnastics: The Impact of the Adoption of the ESM Treaty on the State of European Democracy

2013 ◽  
Vol 14 (1) ◽  
pp. 169-189 ◽  
Author(s):  
Jonathan Tomkin
Keyword(s):  
Rule Of Law ◽  
Legal Framework ◽  
The State ◽  
Legal Order ◽  
The Rule Of Law ◽  
European Democracy ◽  
European Stability Mechanism ◽  
The Impact

This paper makes the claim that the legal framework governing the European Stability Mechanism (ESM) is contradictory, conceptually incoherent and may be characterized as a circumvention of Union law. It is further claimed that such circumvention, and the resulting establishment of a significant permanent institution outside and beyond the scope of the Union legal order, represents a challenge to European democracy and to the principle of respect for the rule of law.

HISTORY OF THE FIGHT AGAINST BRIBERY

2021 ◽  
Vol 6 (8) ◽  
pp. 79-85
Author(s):  
Yorkinoy Sadikova ◽  
◽  
Dilangiz Nosirova
Keyword(s):  
Political Parties ◽  
National Security ◽  
Rule Of Law ◽  
Political Instability ◽  
The State ◽  
Negative Consequences ◽  
Market Mechanisms ◽  
The Rule Of Law ◽  
History Of ◽  
Favorable Conditions

The article analyzes the history of the fight against corruption. The views of scientists are also examined. In this article, the scourge of corruption has the following negative consequences for thestate, namely: serious damage to the state's reputation in the international arena; causing citizens to lose confidence in leaders, government, political parties and the rule of law; dismantles market mechanisms, that is, the market belongs not to competitive entrepreneurs, but to entrepreneurs who receive benefits in exchange for bribes; creates favorable conditions for the existence of organizedcrime, which in turn threatens the national security of the state; it was also pointed out that social tension in society can lead to conflicts, political instability and the activation of terrorist structures

Cynicism and the Rule of Law: A Critical Analysis of President of the RSA V M&G Media Limited 2012 2 SA 50 (CC) and Associated Judgments

2017 ◽  
Vol 30 (2) ◽  
pp. 580-597
Author(s):  
Karthy Govender ◽  
Paul Swanepoel
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Current System ◽  
Criminal Court ◽  
The State ◽  
Access To Information ◽  
Discretionary Power ◽  
The Rule Of Law ◽  
The Government

In June 2015 the High Court granted an interim order prohibiting Sudanese President Omar al-Bashir from leaving South Africa. Although Al-Bashir is wanted by the International Criminal Court for war crimes and South Africa is a signatory to the Rome Statute and has passed the Implementation Act, the government failed to arrest him as required by an order of court. Short-term political considerations appear to have outweighed the need to respect the rule of law. Parallels can be drawn between this incident and the decision by the executive to refuse access to the Khampepe Report when requested to do so by the Mail and Guardian newspaper. The report was prepared at the request of former President Mbeki by two senior South African judges, after a visit to Zimbabwe shortly before the election held in that country in 2002. In an attempt to prevent disclosure, the executive approached various courts on six different occasions and drew out the process for more than six years. The main issue in this case is the use of section 80 of the Promotion of Access to Information Act by the courts, a discretionary power that is applied sparingly. In terms of PAIA, the state is prevented from making reference to the content of a record in order to support a claim of exemption. In such instances, section 80 provides courts with the power to inspect the record – a procedure known as a ‘judicial peek’ – in order to make a determination as to whether the exemption is justified. This case provides a clear example of how the state cynically used this provision as a dilatory tactic in refusing access to the report. The current system that relies solely on the courts to handle access to information matters undermines the main objectives of the Act and is inefficient and costly. It is recommended that PAIA be amended to provide for an information commissioner with powers to mediate and make binding decisions.

scholarly journals Hegel, revolution, and the rule of law

2020 ◽  
Vol 9 ◽  
pp. 9-31
Author(s):  
Sabrina P. Ramet
Keyword(s):  
Nineteenth Century ◽  
Social Context ◽  
Georg Wilhelm Friedrich Hegel ◽  
Rule Of Law ◽  
Ethical Behavior ◽  
The State ◽  
Legal Order ◽  
The Rule Of Law ◽  
The Family ◽  
Set Up

Georg Wilhelm Friedrich Hegel was one of the philosophic giants of the nineteenth century. Well versed in both ancient and more recent philosophical tracts, he rejected the individualism of Hobbes and Locke, as well as their notion that the state was an agency set up in the first place to protect life and property, and, drawing inspiration from Aristotle, outlined a vision of the state as an agency bound, in the first place, to protect the weak and the powerless. Hegel further rejected Kant’s individualistic ethics and counseled that ethical behavior had to be understood as taking place in a social context, with real duties toward other people. For Hegel, an individual had rights and duties within the context of the family, in the community, and, as a citizen, vis-à-vis the state. He emphasized the network of duties in which each individual finds himself, urging political moderation and concern for the good of the entire community. He has been condemned as a proto-totalitarian, lauded as a democrat of sorts, and described variously as liberal, anti-liberal, authoritarian, conservative-monarchist, and constitutionalist. This essay will argue that Hegel came to champion a constitutional-legal order (Rechtsstaat) under an autocratic monarch, with protection for liberal values. The absolute authority of the monarch, thus, was limited to those powers which he needed in order to advance and protect the interests of the citizens of the realm.

scholarly journals Editorial

2017 ◽  
Vol 12 (2) ◽  
pp. 1
Author(s):  
Francois Venter
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Moral Values ◽  
Legal Order ◽  
Good Faith ◽  
Public Confidence ◽  
The Rule Of Law ◽  
The Public ◽  
Correctional Services ◽  
The Times

The oratio of Judge Deon van Zyl (currently Inspecting Judge: Inspectorate of Correctional Services) on the Judiciary as a Bastion of the Legal Order in Challenging Times appears in this issue at a time when the independence of the judiciary, the structures of the courts and various occurrences involving judges and the rule of law are topical in the public debate in South Africa.  The paper was delivered in October 2008 as the annual FW de Klerk Lecture and it closes with the words: ". . . it is what they say and do in good faith and with reference to the moral values of the community they serve, that stimulates public confidence in the judiciary as a bastion of the legal order, however challenging the times may be."

scholarly journals Kilka uwag o obiektywizacji gospodarczych praw podstawowych

2018 ◽  
Vol 114 ◽  
pp. 637-650
Author(s):  
Kazimierz Strzyczkowski
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Legal Order ◽  
Fundamental Rights ◽  
Protective Function ◽  
The Rule Of Law ◽  
Objective Content ◽  
The Law

SOME REMARKS ON THE OBJECTIFICATION OF ECONOMIC FUNDAMENTAL RIGHTSThe purpose of this paper is to present an issue of the objectivisation of the fundamental rights as a consequence of the assumption that fundamental rights not only serve a protective function, strengthening subjectivity of the legal order, whereas they content also an objective requirements and sole essence of the law. Analogically, objective content of the fundamental rights are the obligations for the state, in the same way the states are bound by the rule of law.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

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