Comparative Constitutionalism: Various lecturers (First semester)

This seminar-style course deals comparatively with manifestations of constitutionalism in a range of legal families and systems taking its cue from the South African system, and understanding constitutionalism as the idea that government should both derive its powers from and have these powers limited by a written constitution as supreme law. Partly in consultation with the participants in the course, a limited number of legal systems representative of various traditions and styles of constitutionalism will be selected for comparative purposes.
The course content will be limited by focusing on the following specific themes:
1. A historical perspective on the evolution of the idea and the emergence of diverse styles of constitutionalism at different points in history and in various types of legal and political systems.
2. Various styles of constitutionalism as presently manifested in a selected range of legal families and systems.
3. Central themes in and approaches to constitutional interpretation.
4. At least two capita selecta from the following (non-exhaustive) list:
(a) constitutional protection of property;
(b) constitutional protection of freedom of speech;
(c) constitutional guarantees of equality;
(d) constitutional protection of religion and culture;
(e) constitutional procedure and the various styles of constitutional review;
(f) constitutional provision for the horizontal and vertical division of state power.

Note: The course will only be offered if at least ten (10) students register for it and numbers may be restricted to twenty (20).

International Criminal Law: Mr GP Kemp (First semester) (This module will not be offered in 2003)

This module comprises various components. In the introductory component we will address topics such as the questions surrounding international criminal law as a separate discipline, the sources of and basic principles underlying this subject. The next component consists of a study of international crimes such as aggression, war crimes, crimes against humanity, terrorism, international economic crimes (antitrust offences, fraud, money laundering) and torture. A further component covers procedural aspects of international criminal law and international cooperation in criminal matters. The final component relates to international criminal courts, especially developments regarding the permanent International Criminal Court.

Transitional Justice: Mr GP Kemp (Department of Public Law); Ms V Roodt (Department of Philosophy) (Second semester) (This module will not be offered in 2003)

Questions surrounding transitional justice come into play in situations where new or emerging democracies have to deal with previous regimes. In such cases, the meaning of justice itself is in a process of transition. This not only relates to the national debate, but also to international law norms and rules, especially in the context of international criminal law. Transitional justice should not be analysed in isolation. Transition to democracy is often a complex of arrangements and agreements, aimed at providing stability and peace. The emphasis in this course is on questions relating to transitional justice and transition to democracy. South Africa is an excellent case study in this regard. One of the remarkable features of South Africa's transition to democracy is the work of the Truth and Reconciliation Commission (TRC). The first component of the course will examine the philosophical dimensions of transitional justice, with reference to questions of collective responsibility, reconciliation and reparation. The second component of the course will focus on the legal framework of transitional arrangements as well as the comparative and international legal context.

Comparative Human Rights (Second semester)

In this course, national systems for the protection and promotion of human rights, are compared. The application of human rights, their justiciability, interpretation and limitation, and the remedies for their infringement, will be discussed with reference to the constitutions of a selection of countries. The objective is to enable students to use the comparative method to answer controversial questions pertaining to, for example, privacy at the workplace or the disciplinary proceedings of institutions or political speech and defamation. The focus will therefore be placed on a number of contemporary problems in the field of the protection of human rights.

Public Law Aspects of International Trade: Prof MG Erasmus (Second semester)

This course deals with the Public International Law principles governing trade among states. The focus is primarily on the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). The treaties establishing them contain the principles and mechanisms regulating inter-state trade. The theory behind international trade is explained, as well as the present nature of the international economic order. This includes institutional arrangements and the dispute solving mechanisms of the WTO. The principles governing trade in goods (GATT), in services (GATS) and with respect to the protection of intellectual property (TRIPS) are discussed. Regional trade arrangements (SADC e.g.) are examined with reference to, inter alia, South Africa’s position. The constitutional provisions on the incorporation of international trade obligations into the domestic sphere are explained.