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Fashioning judicial remedies that work in a constitutional society – Establishing a framework for a functional approach to the awarding of constitutional damages in South African law and comparative jurisdictions
The propriety of awarding constitutional damages as appropriate relief in South Africa can be inferred from the discretionary ss 38 and 172(1) of the Constitution which empower the courts to ‘grant appropriate relief’ and to make ‘just and equitable orders’, respectively. These damages are claimable...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2020
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