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1.
Rassie Malherbe 《European Journal for Education Law and Policy》2000,4(1):57-68
In this second part of a two-part article some issues and challenges of education law in South Africa are discussed. With reference to recent case law it is shown that an educational jurisprudence is developing, after which the issues of academic freedom and the autonomy of universities are analysed within the framework of the Constitution and other legislation affecting universities. The constitutional distribution of powers between the national and provincial governments, and the effect on education of the fact that both spheres of government have legislative powers over education, are discussed at some length. The view is taken that outstanding issues in this regard may have to be clarified by the intervention of the courts. This revised version was published online in August 2006 with corrections to the Cover Date. 相似文献
2.
Kate O'Regan 《The Modern law review》2012,75(1):1-32
The South African Constitution establishes a constitutional democracy with a strong form of constitutional review. The Constitutional Court is required to declare invalid any legislation or conduct of the President which is inconsistent with the Constitution. The author, a former judge of the Constitutional Court, argues that the text of the Constitution has been an important determinant of the Court's jurisprudence, both in relation to the Court's jurisprudence concerning the institutional structures established by the Constitution and its Bill of Rights jurisprudence. 相似文献
3.
Legal context: This article focuses on the relationship between trade markrights and other forms of statutory protection. Key points: FIFA is the proprietor of a number of trade mark registrationsin South Africa. The strength of these registrations is discussedand the view taken that a number are open to attack, in termsof both distinctiveness and user requirements. It is then shownthat, if statutory protection is given for the same words andphrases, the weaknesses of the trade mark registrations willbe avoided. Practical significance: The article serves as an illustration of the manner in whichinternational sporting bodies attempt to extend their IP protectionbeyond the bounds of existing legislation. 相似文献
4.
Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons’ exercise of religious beliefs. In Australia, the place of religion in education has largely been shaped by state legislatures, administrative regulations and interpretations of the national constitution. In the USA, the long tradition of religious values being represented in public education has been severely restricted over the past 60 years, resulting in artificial judicial lines being drawn between private religious expression and government expression. However, even private expression can be prohibited if it interferes with the educational mission of a school. South Africa had a long tradition of Christian religious practices in government schools under apartheid. However, the post-apartheid 1996 Constitution and 1996 South African Schools Act still give these schools considerable latitude in investing religious values into the educational process. In Australia, values, religion and education have always been a preoccupation of those providing education, although the blurring of public and private education in Australia has resulted in a different direction for the role of religion than in the USA. 相似文献
5.
《Forensic Science International: Genetics Supplement Series》2013,4(1):e160-e161
A trend was noted over the past 15 years in the South African courts. This trend has a multi-factorial origin and highlights the problems faced in the use of forensic science evidence in court. Although there have been improvements on how DNA evidence is gathered and presented in court, due to the fact that certain cases have been contested at the DNA evidence level, multiple issues remain that have not yet been addressed when DNA evidence is submitted to court. These issues include: accreditation, regulation of the forensic science profession, continued education, training of court officials, quality assurance, biased testimony, lack of transparency with regard to processes and procedures followed in the forensic community, incorrect interpretation of DNA evidence, lack of scientific knowledge (including the scientific method) by DNA experts, awareness by the legal profession and an over emphasis on the prosecuting perspective. These same aspects continue to plague current cases. Despite the above, the window of opportunity to address the above has not yet passed. However, it will take continuous and concerted efforts from the scientific and legal professions to bring about the appropriate change to facilitate justice for all in South Africa. 相似文献
6.
Sheldon Leader 《The Modern law review》2007,70(5):713-730
How should one define the legitimate reach of individuals' institutional obligations in the light of their right to freedom of religion? The most divisive settings for this question involve exclusions from certain jobs and schools. At the same time, some fundamental issues of ethics and law lie in the background. One of the most central concerns choice. On one approach, if there are other sources of work or education that do not make the same demands on the objector then she should choose between conforming and taking up that alternative. On another approach, even if there are such alternatives, people should not be confronted with such a dilemma: they should be entitled to stay in their preferred institution, which must make its best effort to accommodate them. The conflict between these two views arises from underlying differences concerning the nature of free choice itself; about the obligations borne by institutions in civil society; and about basic rights. The connections between these notions are investigated, and a way through the disagreement is suggested. 相似文献
7.
Education is both a right and a responsibility. International instruments such as the International covenant on civil and political rights and the International convention on the rights of the child affirm the right of all children to education. This right is spelt out in the education legislation of all states and territories in Australia. Education is not only free but is compulsory for all children between certain ages. The obligation is imposed on parents (in accordance with definitions contained therein) to ensure that their children are both enrolled at and attend school. However, parental choice of education provider is allowed within each jurisdiction by way of state, private or church schools, all of which are registered and regulated to varying degrees by the state. The legislation of each jurisdiction also makes some degree of provision for parents who choose to opt out their children from any formal education setting and to educate them at home. Home education is also subject to state regulation. The assumption by the state of the responsibility for education guides this policy and legislation. The argument for state control of all education, no matter how and by whom it is provided, is that the state has an overriding interest in ensuring the economic well-being of its citizens and the growth of its intellectual capital. The state acknowledges that the responsibility for education is shared with parents, primarily by providing penalties for parents who fail to ensure enrolment and attendance of their children at a school. There is evidence that more and more parents in developed countries worldwide are choosing to educate their children at home, and anecdotal evidence suggests that Australia is part of this trend. To this end, this article critically examines the balance and relationship between the exercise of parental choice and responsibility in education, and state regulation and control. It does so by examining the means by which the legislation of different jurisdictions allows for choice in the exercise of the right to education, with particular reference to home education, places limitations on that choice and imposes control on the delivery of education outside state schools. 相似文献
8.
Sonja Grover 《Education & the Law》2005,17(1-2):43-52
The 2004 Supreme Court of Canada decision in Auton concerns the right of autistic children to access services held by their parents to be essential to their children's ability to participate as members of a democratic society. It is argued that the child's right to have his or her basic developmental needs met is a constitutionally protected one. Having those developmental needs met engages both education and health rights. In Auton the parents had sought funding for the service at issue from the Ministry of Health, the Ministry of Children and Families (which dealt with mental health services and other particular support programs for the families of disabled children) as well as from the Ministry of Education. The case raises central questions regarding the very nature of education and the constitutionality of a discretionary power of government to set out statutory limitations upon fundamental human rights including education rights. 相似文献
9.
The enforcement of anti-human trafficking law in South Africa: a case of an aircraft without a pilot
Paul Oluwatosin Bello 《Police Practice and Research》2018,19(3):270-283
This article evaluates the effectiveness of current law enforcement efforts in combating human trafficking in South Africa. Based on a broader empirical doctoral study, it was discovered that as currently structured, the South African Police Service (SAPS) cannot be effective in the enforcement of anti-trafficking law in the country. Combating human trafficking among other things, requires a formidable law enforcement agency that is explicitly proficient in the modus operandi of the crime; the sophisticated cum dynamic nature of the forces and factors that fuel the illicit trade in a vacillating milieu. Unfortunately, academic writings on this observable position in South Africa are scanty. Therefore, an article of this nature is not just timely but urgent. Findings from the study (among others) revealed that a wide-gap exist in the capacity of the SAPS, and other relevant stakeholders, to enforce anti-trafficking law in the country. Hence, it was recommended that for a result-oriented approach, South Africa needs to establish a specialised law enforcement agency distinct from the regular police structure to enforce anti-trafficking law in the country. 相似文献
10.
危机教育是公安教育的重要组成部分,是一门必修课。加强危机教育是我国正处于社会转型期、改革攻坚期应对各种危机所必需。然而当前我国公安教育中危机教育状况不容乐观,为提高公安教育的水平与质量,必须将危机教育当作公安教育的一门必修课。 相似文献
11.
在中国,心理教育开展的轰轰烈烈,但是心理教育是什么却没有定义.这是非常不正常的现象.教育是人存在的形式之一,而人又是观念的集合体,因此,无论一个人心理健康还是不健康,它们都是人对现实生活的一种反映.其实,心理教育是一个虚假命题,存在着严重的逻辑悖论.实施心理教育的结果只能够增加更多的"心理不健康"的个体,这绝不是危言耸听. 相似文献
12.
清末民国时期,我国地方教育行政体制相继经历了成立劝学所、设教育科、恢复劝学所、成立教育局、教育局改组与重建、裁局设科、恢复设局等阶段。彰显出规范化、民主化、独立化、专业化与开放化等特征。同时,也存在着机构紊乱、目标理想、内容西化、方式激进等问题。清末民国地方教育行政体制的变迁历史对于当下我国地方教育行政体制改革具有重要的启示与借鉴意义。 相似文献
13.
José Manuel Barreto 《Law and Critique》2006,17(1):73-106
This article considers in a different light the relationship between legal theory and ethics by means of an interpretation
of the thought of Adorno and Horkheimer, and of the writings of Richard Rorty, as two moments of a marginal stream of ethics
of passions that runs beneath the history of rationalist Western philosophy. It departs from the critique of Modernity as
a dialectic of barbarism and civilisation, and from a genealogy of Auschwitz that finds its antecedents in Kantian morality.
It also characterises modern culture as one of apathy and bourgeois stoicism, and establishes a link between the cold modern
ethos and the dynamics of Nazi hardness. The article turns then to a consideration of some of the responses to the comprehensive
crisis of Modernity: the imperative ‘Auschwitz never again’, Adorno’s ‘general enlightenment’ and Horkheimer’s ethics of sympathy.
Finally it reflects upon Rorty’s proposal of sentimental education as an effective strategy to foster a human rights culture
in Postmodernity, with the aim of bridging the tradition of moral sentiments and contemporary struggles for human rights.
I am very grateful to Costas Douzinas, Sonia Romero, Shaun Haselhurst, David-Alexander Smith, José Bellido and the two anonymous
referees for their comments, and to Alexander García-Düttman for his suggestions. This text is dedicated to Paul Gready. 相似文献
14.
德性"自盈"是中国文化对个体自我体认的最基本的评语.而一切人生理想的诉求都集中于自我德行的外溢,这就造成了中国文化对人性自我意识的过分乐观.因此,这种基于德感意识的人性体认,缺乏追寻彼岸超越精神的动力,也带来了个体精神生活的乐感取向,从而导致了道德泛化和去道德化等诸多道德教育困境;而对人性体认建立在罪感基础上的西方文化,却孕育了具有超越之爱感的道德教育.所以,中国道德教育必须从狭隘的本土化思维框架中走出来,通过再思中西不同的人性体认,促进爱感的生成,承担培养爱者的使命. 相似文献
15.
Abstract: As the number of forensic science programs offered at higher education institutions rises, and more students express an interest in them, it is important to gain information regarding the offerings in terms of courses, equipment available to students, degree requirements, and other important aspects of the programs. A survey was conducted examining the existing bachelor’s and master’s forensic science programs in the U.S. Of the responding institutions, relatively few were, at the time of the survey, accredited by the forensic science Education Programs Accreditation Commission (FEPAC). In general, the standards of the responding programs vary considerably primarily in terms of their size and subjects coverage. While it is clear that the standards for the forensic science programs investigated are not homogeneous, the majority of the programs provide a strong science curriculum, faculties with advanced degrees, and interesting forensic‐oriented courses. 相似文献