An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
See the attached advertisement. If there is a highly motivated, disciplined and enthusiastic stduent out there interested in pursuing doctoral studies in Constitutional Law, feel free to contact me to discuss options.
APPLICATIONS FOR THE DOCTORAL AND RESEARCH MASTER’S PROGRAMMES
The Faculty of Law of the University of Cape Town hosts scholars and students from many nations and provides a highly interactive and friendly environment for study and research.
The Faculty has fast-growing doctoral and research Master’s programmes, and is seeking 15 highly motivated individuals to join these programmes in the following fields of research.
Public Law: Human Rights, Marine and Environmental Law, Law and Society, Sexual Offences, Women, Land Tenure and the Law, Evidence and Criminal Procedure.
Commercial Law: Labour Law, Corporations and Alternative Dispute Resolution.
Private Law: African Customary Law, Jurisprudence, Legal Theory, Contract, Consumer
Protection, Property Law (especially Land, Minerals and Petroleum), Persons and Family,
Legal History, Legal Education, Delict, Unjustified Enrichment and Legal History.
Applicants for the positions should submit an application and the following documents online (https://www.uct.ac.za/) to the University of Cape Town:
• brief CVs
• transcripts of their qualifications (unless they are UCT graduates)
• the names and email addresses of two referees
• two to three page statements of the topics they wish to research.
Successful applicants for the advertised positions will be given probationary registration for a period of six months, during which time they will be required to finalise their thesis/dissertation proposals under the guidance of their supervisors. In addition, they will be required to participate in a two week preparatory course, and, thereafter, complete a ten week course on language and legal reasoning.
At the end of the period of probationary registration, final thesis/dissertation proposals must be submitted for consideration by the Faculty’s Higher Degrees Committee, which may then recommend entry into a doctoral or master’s programme or registration for a postgraduate diploma.
The Faculty will offer a scholarship to cover the tuition fees of the top ten applicants for a period of three years, subject to satisfactory progress. A limited number of NRF grantholder-linked scholarships will be available in African Customary Law, as well as Property Law.
Likely candidates will be invited for interviews, which will be held in Cape Town – or, if need be, by teleconference – in October 2012.
The closing date for applications is 4 September 2012.
For further information see http://www.doctoralprogram.uct.ac.za/
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