Editorial

Francois Venter

doi:10.17159/1727-3781/2006/v9i2a2823

Abstract

This second edition of 2006 offers an interesting range of topics, in this instance all covered by South African authors. In her analysis of the "institutions supporting constitutional democracy" established by the South African Constitution, Professor Christina Murray of the University of Cape Town argues that thethe institutions share the roles of providing a check on government and of contributing to transformation. The newness of democracy, the great demands on the state and the political dominance of the governing party in South Africa are identified as the greatest challenges of the institutions discussed. 

Highlights

In her analysis of the "institutions supporting constitutional democracy" established by the South African Constitution, Professor Christina Murray of the University of Cape Town argues that thethe institutions share the roles of providing a check on government and of contributing to transformation
Professor Jacques de Ville of the University of the Western Cape reflects upon David Dyzenhaus' deferential model of judicial review against the background of Jacques Derrida's understanding of the paradoxes inherent in the notions of justice, democracy and the gift, and concludes that judicial review requires some rethinking due to the limitations of the conception of justice
Professor Tana Pistorius of the University of South Africa points out the disparate forms of copyright protection for digital and analogue media, and argues, with reference to the importance of copyright law for development, for adherence to the principle of functional equivalence in the implementation of the WIPO Copyright Treaty

Summary

Introduction

Professor Tana Pistorius of the University of South Africa points out the disparate forms of copyright protection for digital and analogue media, and argues, with reference to the importance of copyright law for development, for adherence to the principle of functional equivalence in the implementation of the WIPO Copyright Treaty. In her analysis of the "institutions supporting constitutional democracy" established by the South African Constitution, Professor Christina Murray of the University of Cape Town argues that thethe institutions share the roles of providing a check on government and of contributing to transformation.

Results

Conclusion