scholarly journals The Expressive Function of Constitutional Amendment Rules

2014 ◽  
Vol 59 (2) ◽  
pp. 225-281 ◽  
Author(s):  
Richard Albert
Keyword(s):  
United States ◽  
South African ◽  
Constitutional Amendment ◽  
Expressive Function ◽  
Political Commitments

The current scholarly focus on informal constitutional amendment has obscured the continuing relevance of formal amendment rules. In this article, I return our attention to formal amendment in order to show that formal amendment rules—not formal amendments but formal amendment rules themselves—perform an underappreciated function: to express constitutional values. Drawing from national constitutions, in particular the Canadian, South African, German, and United States constitutions, I illustrate how constitutional designers may deploy formal amendment rules to create a formal constitutional hierarchy that reflects special political commitments. That formal amendment rules may express constitutional values is both a clarifying and a complicating contribution to their study. This thesis clarifies the study of formal amendment rules by showing that such rules may serve a function that scholars have yet to attribute to them; yet it complicates this study by indicating that the constitutional text alone cannot prove whether the constitutional values expressed in formal amendment rules represent authentic or inauthentic political commitments.

The Nexus Between Johannesburg Stock Exchange and the United States Unemployment Rate Announcement: An Impulse Response Analysis

2018 ◽  
Vol 10 (3(J)) ◽  
pp. 160-168
Author(s):  
Misheck Mutize ◽  
Victor Virimai Mugobo
Keyword(s):  
United States ◽  
South African ◽  
Impulse Response ◽  
Unemployment Rate ◽  
Stock Prices ◽  
Stock Exchange ◽  
The United States ◽  
Response Analysis ◽  
Johannesburg Stock Exchange ◽  
The Us

The study explores the relationship between the unemployment rate in the United States and South Africa’s stock prices from the beginning of 2013 to the last day 2017. The objective of this paper is to examine the impact of the US unemployment rate announcement on the South African financial market. Results of Impulse Response analysis show that there is a very minimal impact from the US unemployment announcement to South Africa’s stock prices which disappears within two days of the announcement. In addition, the Johannesburg stock exchange index marginally responds to own shocks, which marginally fades away within two days. These findings imply that the changes in the US employment policies have a direct ripple effect on the South African macroeconomic environment, its investing public sentiments and corporate confidence on the future prospects of businesses.

scholarly journals A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act

2020 ◽  
pp. 1-24
Author(s):  
Rehana Cassim
Keyword(s):  
United States ◽  
United Kingdom ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
The South ◽  
The United Kingdom ◽  
Locus Standi

Abstract Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under this section with the equivalent provisions in the United Kingdom, Australia and the United States of America, which have all influenced the South African act. The article compares the classes of persons who have locus standi to apply to court to disqualify a director from holding office, as well as the grounds for the judicial disqualification of a director, the duration of the disqualification, the application of a prescription period and the discretion conferred on courts to disqualify directors from office. It contends that, in empowering courts to disqualify directors from holding office, section 162 of the South African Companies Act goes too far in certain respects.

Equality Challenged: Equal Rights and Sexual Difference

1994 ◽  
Vol 6 (1) ◽  
pp. 40-72 ◽  
Author(s):  
Jane Sherron de Hart
Keyword(s):  
United States ◽  
Sexual Difference ◽  
The United States ◽  
Democratic Society ◽  
Constitutional Amendment ◽  
Federal Legislation ◽  
Equal Rights Amendment ◽  
Equal Rights ◽  
Republican Government ◽  
The Law

“ERA Won't Go Away!” The words were chanted at rallies and unfurled on banners at countless marches as the deadline—June 30, 1982—approached for ratification of the Equal Rights Amendment. To include in the Constitution the principle of equality of rights for women, supporters insisted, was an essential of republican government in a democratic society. Congress had shared that perception in 1972, passing a series of measures aimed at strengthening and expanding federal legislation banning discrimination on the basis of sex. Included was a constitutional amendment simply stating that “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.” Thirty-five of the thirty-eight states necessary for a three-fourths majority needed to amend the Constitution had given their approval.

scholarly journals Establishing a South African Honour Society of Nursing under auspices of Sigma Theta Tau International (Inc.)

Curationis ◽  
1998 ◽  
Vol 21 (4) ◽  
Author(s):  
D. Van der Wal
Keyword(s):  
United States ◽  
South African ◽  
American English ◽  
The United States ◽  
Standard English ◽  
The Us

The information on Sigma Theta Tau International (Inc.) which follows is reproduced from official STTI documentation with permission from the STTI Chapter Manager. This section should thus be read with the United States context in mind as certain words and concepts have different meanings in the US and SA contexts, eg under graduate, graduate, college and the like. In addition, certain words are also spelled differently in American English and standard English.

scholarly journals The socio-political context of the application of fair selection models in the usa

1996 ◽  
Vol 22 (1) ◽  
Author(s):  
G. K. Huysamen
Keyword(s):  
United States ◽  
South African ◽  
United States Of America ◽  
Personnel Selection ◽  
The United States ◽  
Political Context ◽  
Preferential Treatment ◽  
Selection Models ◽  
The Usa ◽  
History Of

In an earlier article, the psychometrics of various fair selection models that had been proposed in the United States of America in the late 1960s, early 1970s were presented. The purpose of the present article is to discuss the subsequent history of the application of these models in personnel selection in that country and to view its implications for the South African situation. Because the question of fair selection models ties in with the issue of affirmative action, a brief history of this issue as it pertains to personnel selection is also given. Key decisions of the American Supreme Court that have a bearing on this matter are also reviewed. The failure to widely apply these fair selection models may be attributed to the prevalent socio-political context which favours the preferential treatment of certain groups but is hesitant to specify the particulars and limits of such treatment. Opsomming 'n Vorige artikel het die psigometi-ika onderliggend aan verskeie billike keuringsmodelle wat in die laat sestigerjare, vroee sewentigerjare in die Verenigde State van Amerika voorgestel is, behandel. Die doel met die onderhawige artikel is om 'n oorsig te verskaf van die daaropvolgende geskiedenis van die toepassing van daardie modelle in personeelkeuring in daardie land, en om die implikasies daarvan vir die Suid-Afrikaanse situasie te belig. Omdat die aangeleentheid van billike keuringsmodelle verband hou met die kwessie van regstellende aksie, word 'n bondige geskiedenis van hierdie kwessie soos dit op personeelkeuring van toepassing is, ook verskaf. Sleutel-uitsprake van die Amerikaanse Hooggeregshof wat betrekking het op hierdie aangeleentheid word ook beskou. Die beperkte toepassing van hierdie billike keuringsmodelle kan toegeskryf word aan die heersende sosio-politieke konteks wat die voorkeurbehandeling van bepaalde groepe voorstaan, maar wat huiwerig is om die besonderhede en perke van sodanige behandeling te spesifiseer.

The United States Supreme Court’s case selection: A primer for the South African Constitutional Court in hearing matters of general public importance

2021 ◽  
Vol 8 (2) ◽  
pp. 149-174
Author(s):  
Paul Nkoane
Keyword(s):  
United States ◽  
Supreme Court ◽  
South African ◽  
General Public ◽  
The United States ◽  
Constitutional Court ◽  
United States Supreme ◽  
The South ◽  
Case Selection ◽  
The Supreme Court

The jurisdiction of the South African Constitutional Court has been extended for the court to administer ‘matters of general public importance’ in addition to administering constitutional matters. There is no South African court that accepted appeals on the grounds that the matter raised an arguable point of law of general public importance. This novelty in the South African law requires an inspection of other jurisdictions to determine which matters the Constitutional Court should accept for appeals. In this respect, the article inspects the Supreme Court of the United States case docket to determine the kinds of cases the court accepts for appeals.

Haunted Legacies

Black Opera ◽  
2018 ◽  
pp. 55-84
Author(s):  
Naomi André
Keyword(s):  
United States ◽  
South African ◽  
Song Cycle ◽  
The United States ◽  
Interracial Relationships ◽  
The South ◽  
Racial Categories ◽  
William Bolcom

This chapter examines the song cycle (also thought of as a monodrama or solo opera) by composer William Bolcom and playwright/librettist Sandra Seaton, From the Diary of Sally Hemings. The chapter includes a discussion of the DNA, kinship, and social controversies over the interracial pairing of Jefferson, a founder of the United States as a nation, and Hemings, his slave and consort. Through an analysis of the compositional genesis of the work, the text, and the music, this chapter also explores what is at stake for thinking about the breakdown of black-white racial categories. Extended references are made to Saartijie Baartman (the South African “Hottentot Venus”) and Edward Ball, the descendent of the Ball plantation who looked up interracial relationships with slaves in his family.

Selling White Supremacy in the United States

2017 ◽  
Author(s):  
Nicholas Grant
Keyword(s):  
United States ◽  
Civil Rights ◽  
South African ◽  
Civil Rights Movement ◽  
White Supremacy ◽  
The United States ◽  
National Party ◽  
Black Protest ◽  
Sustained Effort ◽  
The Cold War

This chapter traces South African foreign policy responses to the civil rights movement in the United States. It explores how the National Party engaged with the racial politics of the Cold War in an attempt legitimize apartheid to an increasingly sceptical global audience. The National Party did not shy away from challenging negative portrayals of apartheid. In the United States, South African diplomatic officials mounted a systematic propaganda campaign to correct “misconceptions” and present the apartheid system in a positive light. Equating black protest with communist subversion, South African diplomats engaged in a deliberate and sustained effort to defend apartheid in the United States.

The Boundaries of Constitutional Amendment

2019 ◽  
pp. 61-92
Author(s):  
Richard Albert
Keyword(s):  
United States ◽  
New Zealand ◽  
Structural Design ◽  
Basic Structure ◽  
The United States ◽  
Constitutional Amendment ◽  
Constitutional Amendments

Some constitutional amendments are not amendments at all. They are self-conscious efforts to repudiate the essential characteristics of the constitution and to destroy its foundations. They dismantle the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Changes on this scale are not properly called constitutional amendments. They are better understood as constitutional dismemberments. A constitutional dismemberment is incompatible with the existing framework of the constitution. It intends deliberately to disassemble one or more of the constitution’s elemental parts by altering a fundamental right, an important structural design, or a core aspect of the identity of the constitution. To use a rough shorthand, the purpose and effect of a constitutional dismemberment are the same: to unmake the constitution. But what, then, is a constitutional amendment? This chapter explains that there are four fundamental features to a constitutional amendment: its subject, authority, scope, and purpose. The most important feature of an amendment is its scope, which at all times must not exceed the boundaries of the existing constitution. This chapter therefore defines a constitutional amendment in terms of what it is and what it is not, with illustrations drawn from around the globe. This chapter considers constitutions from Barbados, Belize, Brazil, Canada, Dominica, Guyana, Ireland, Italy, Jamaica, Japan, New Zealand, and the United States.

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