Legality and Limitation of Powers

Values, Principles and Regulations in Civil Law, Criminal Law and Public Law


Available
    Edition: 1st Edition
  • Format: Hard Cover
  • ISBN: 9781485128267
  • Extent: 350 Pages
  • Published:
  • Category: Constitutional Law, Civil Procedure

R1,620.00



This work, part of the Augsburger Rechtsstudien 88 series, contains research results on questions concerning the effects of legality maxims and the regulation of power in various legal fields from a South African and German perspective, which were developed in cooperation of the Universities of Augsburg and Johannesburg.

Current topics are introduced by scientists from Germany and then reflected by South African colleagues. This leads to a better understanding of unresolved legal issues of both legal systems.

  • Introduction – Thomas M J Möllers and Charl Hugo 
  • Normative Values in Modern Constitutional Reflections on the Constitution as an “Objective Value System” 50 years after Lüth – Thilo Rensmann
  • Comment: Constitutional Values and Transformative Constitutionalism – Roxan Venter 
  • The Concept of Constitutional Identity in (Quasi-) Federal Systems of Government – From Limitation of Powers to Judicial Policy Making – Jennifer Hölzlwimmer 
  • Comment: “The Concept of Constitutional Identity in (Quasi-) Federal Systems of Government - From Limitation of Powers to Judicial Policy Making” – George Barrie 
  • Democratic Flexibility and Constitutional Stability – Matthias Rossi
  • Comment: “Democratic Flexibility and Constitutional Stability” – Mispa Roux 
  • Discrimination in Working Life and Anti-Discrimination Law – Experiments and Experiences in Germany and Europe – Martina Benecke 
  • Beyond Mere Rules and Regulatory Frameworks: A Reply to M. Benecke, “Discrimination in Working Life and Anti-Discrimination Law – Experiments and Experiences in Germany and Europe” – Radley Henrico 
  • Law – Enforcement in Turbulent Times – How to Work with Principles in Capital Market Law – Thomas M J Möllers and Isabella Brosig 
  • Comment: “Law – Enforcement in Turbulent Times – How to Work with Principles in Capital Market Law” – Derek van der Merwe 
  • Leniency Programmes under US Antitrust Law and EU Competition Law – Michael Kort 
  • Aspects of the Corporate Leniency Program in South African Competition Law – Wim Alberts 
  • 20 Years after ARAG/Garmenbeck: New Considerations on the Impact of Corporate Reputation on Management Board Liability – Michael Biesinger 
  • The Impact of Corporate Reputation on Board Liability – Kathleen van der Linde 
  • The Constitutionalisation of Public Policy in Private International Law – Wolfgang Wurmnest and Maximilian Kübler-Wachendorff 
  • The Various Roles of Public Policy in Private International Law: Exclusion, Inclusion and Reform on the Basis of Constitutional Values – Jan J. Neels and Eesa A. Fredericks 
  • External Trade Agreements of the European Union and South Africa – Association Agreements versus Economic Partnership Agreements? – Stefan Lorenzmeier and Hennie Strydom

  • Legal practitioners 
  • Academics

This work, part of the Augsburger Rechtsstudien 88 series, contains research results on questions concerning the effects of legality maxims and the regulation of power in various legal fields from a South African and German perspective, which were developed in cooperation of the Universities of Augsburg and Johannesburg.

Current topics are introduced by scientists from Germany and then reflected by South African colleagues. This leads to a better understanding of unresolved legal issues of both legal systems.

  • Introduction – Thomas M J Möllers and Charl Hugo 
  • Normative Values in Modern Constitutional Reflections on the Constitution as an “Objective Value System” 50 years after Lüth – Thilo Rensmann
  • Comment: Constitutional Values and Transformative Constitutionalism – Roxan Venter 
  • The Concept of Constitutional Identity in (Quasi-) Federal Systems of Government – From Limitation of Powers to Judicial Policy Making – Jennifer Hölzlwimmer 
  • Comment: “The Concept of Constitutional Identity in (Quasi-) Federal Systems of Government - From Limitation of Powers to Judicial Policy Making” – George Barrie 
  • Democratic Flexibility and Constitutional Stability – Matthias Rossi
  • Comment: “Democratic Flexibility and Constitutional Stability” – Mispa Roux 
  • Discrimination in Working Life and Anti-Discrimination Law – Experiments and Experiences in Germany and Europe – Martina Benecke 
  • Beyond Mere Rules and Regulatory Frameworks: A Reply to M. Benecke, “Discrimination in Working Life and Anti-Discrimination Law – Experiments and Experiences in Germany and Europe” – Radley Henrico 
  • Law – Enforcement in Turbulent Times – How to Work with Principles in Capital Market Law – Thomas M J Möllers and Isabella Brosig 
  • Comment: “Law – Enforcement in Turbulent Times – How to Work with Principles in Capital Market Law” – Derek van der Merwe 
  • Leniency Programmes under US Antitrust Law and EU Competition Law – Michael Kort 
  • Aspects of the Corporate Leniency Program in South African Competition Law – Wim Alberts 
  • 20 Years after ARAG/Garmenbeck: New Considerations on the Impact of Corporate Reputation on Management Board Liability – Michael Biesinger 
  • The Impact of Corporate Reputation on Board Liability – Kathleen van der Linde 
  • The Constitutionalisation of Public Policy in Private International Law – Wolfgang Wurmnest and Maximilian Kübler-Wachendorff 
  • The Various Roles of Public Policy in Private International Law: Exclusion, Inclusion and Reform on the Basis of Constitutional Values – Jan J. Neels and Eesa A. Fredericks 
  • External Trade Agreements of the European Union and South Africa – Association Agreements versus Economic Partnership Agreements? – Stefan Lorenzmeier and Hennie Strydom

  • Legal practitioners 
  • Academics


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