South African law journal最新文献_第9页

Book Review: Joseph W Dellapenna & Joyeeta Gupta (eds) Water Law (2021) 书评:约瑟夫·W·德拉彭纳和乔耶塔·古普塔(编)《水法》(2021)

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i2a9

Germarie Viljoen

引用次数: 0

An introduction to proof in South Africa 介绍南非的证明

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i4a5

T. Mosaka

引用次数: 0

‘I beg to differ’: Are our courts too agreeable? “我不敢苟同”:我们的法庭是不是太讨人喜欢了?

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i2a4

Owen Rogers

{"title":"‘I beg to differ’: Are our courts too agreeable?","authors":"Owen Rogers","doi":"10.47348/salj/v139/i2a4","DOIUrl":"https://doi.org/10.47348/salj/v139/i2a4","url":null,"abstract":"If dissenting judgments perform a valuable function in the administration of justice, too little dissent may indicate that the administration of justice is not reaping the benefits of dissent. South Africa belongs to the common-law tradition, which has always allowed dissenting judgments. The civil-law system traditionally did not, and this is still the position in many countries. In the modern era, considerations of transparency and accountability favour the disclosure and publication of dissenting judgments. Although they can play a role in the development of the law, their most valuable function is to improve the quality of judicial output by requiring majority judgments to confront the dissenting judgments’ reasoning. Factors which may affect the extent of dissent in appellate courts include case complexity and control over rolls; panel sizes; judicial diversity, personality and turnover; court leadership; research resources; modes of judicial interaction; and protocols on the timeliness of judgments. Data on dissent in South Africa’s Constitutional Court, Supreme Court of Appeal and Labour Appeal Court, as well as in the United Kingdom, Australia, Canada and the United States, suggest that there is less dissent in our intermediate appellate courts than might be expected. Changes in work procedures could yield a healthier pattern.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70822404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

‘Privacy by design’ in the EU General Data Protection Regulation: A new privacy standard or the Emperor’s new clothes? 欧盟《一般数据保护条例》中的“设计隐私”:新的隐私标准还是皇帝的新衣?

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i3a4

D. Donnelly

{"title":"‘Privacy by design’ in the EU General Data Protection Regulation: A new privacy standard or the Emperor’s new clothes?","authors":"D. Donnelly","doi":"10.47348/salj/v139/i3a4","DOIUrl":"https://doi.org/10.47348/salj/v139/i3a4","url":null,"abstract":"Privacy by design (‘PbD’) is a conceptual framework that has been widely adopted as a helpful, practical framework for organisations to ‘translate’ legal data protection principles into concrete technical design and organisational policies. It can offer a harmonising framework for multiple, overlapping legal compliance obligations. Privacy is engineered directly into the design of new technologies, as a default setting, while still achieving full functionality. The article explains the seven foundational principles of the concept with detailed cross reference to the relevant conditions of lawful processing under the Protection of Personal Information Act 4 of 2013 (‘POPIA’), offering the first in-depth analysis of PbD in a South African context. PbD is now an express legal obligation in art 25 of the European Union’s General Data Protection Regulation (2016). The article sketches the background to that important development and provides an in-depth critique of the three key shortcomings of art 25. It recommends that instead of following the EU example, South Africa’s Information Regulator could promote the adoption of PbD through a guidance note and in approved codes of conduct. It concludes that a PbD approach is already (albeit only impliedly) required for compliance with the conditions of lawful processing under POPIA.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70823265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book Review: Lawyers in Turmoil: The Johannesburg Conspiracy of 1895 (2020) 书评:混乱中的律师:1895年的约翰内斯堡阴谋(2020)

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I1A9

E. Fagan

引用次数: 0

Book Review: Sabino Cassese Advanced Introduction to Global Administrative Law (2021) 书评:萨比诺·卡塞塞全球行政法高级导论(2021)

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i3a10

G. Caswell

引用次数: 0

Notes: Declaring directors of state-owned entities delinquent: Organisation Undoing Tax Abuse v Myeni 注:申报国有企业董事违法:组织撤销滥用税收诉迈尼

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I1A1

Rehana Cassim

引用次数: 0

Section 45 of the Tax Administration Act: An unconstitutional limitation on taxpayer privacy? 税收征管法第45条:限制纳税人隐私是否违宪?

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/SALJ/V138/I1A8

F. Moosa

引用次数: 0

Blood and breath alcohol test results: Uncertainty at the interface of science and law 血液和呼吸酒精测试结果:科学和法律的不确定性

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i3a5

J. Laurens, P. Carstens, L. Curlewis

{"title":"Blood and breath alcohol test results: Uncertainty at the interface of science and law","authors":"J. Laurens, P. Carstens, L. Curlewis","doi":"10.47348/salj/v138/i3a5","DOIUrl":"https://doi.org/10.47348/salj/v138/i3a5","url":null,"abstract":"Alcohol is well known for its ability to impair human faculties, which creates risks when driving a vehicle or when performing safety- and risk-sensitive tasks in workplaces. The article aims to highlight some shortcomings in the legal-scientific approach for alcohol testing in South Africa. In particular, we investigate the measurement uncertainty of blood alcohol test results, which is critical in adjudicating over-the-limit cases. The South African regulatory framework for alcohol testing in the criminal- and private-law environments is examined from an analytical due-process perspective, considering measurement uncertainty and other well-established scientific principles which are essential at the interface of science and law. Special attention is paid to the National Road Traffic Amendment Bill, which aims to decrease the alcohol limit to zero. We found that the measurement uncertainty concept has not yet been received into the South African legal system, even though it is a well-established scientific principle. We suggest changes to the current alcohol legislation to accommodate the measurement uncertainty principle and the related likelihood ratio, which we believe could assist in quantifying the odds of compliance. In particular, we believe that our suggestions regarding quantification and reporting of measurement uncertainty can assist the courts and tribunals to avoid false-positive errors that may have a devastating effect on innocent subjects.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70821451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Notes: ‘They’re not making land anymore’: A reading of the social function of property in Adonisi 注释:“他们不再生产土地了”:对阿多尼西作品中财产社会功能的解读

South African law journal Pub Date : 2021-01-01 DOI: 10.47348/salj/v138/i4a1

T. Coggin

引用次数: 0