Constitution Archives - Martin van Staden

Martin van Staden

Libertarian Jurisprudence & Free Market Policy

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Blog, Jurisprudence24 November 20217 December 2021

“Without” or “for nil” compensation? The semantic question that could make or break the South African Constitution

The following remarks were delivered by Martin van Staden, Legal Fellow at Sakeliga, at a real estate seminar hosted by STBB in Stellenbosch on 24 November 2021. Imagine for aContinue reading“Without” or “for nil” compensation? The semantic question that could make or break the South African Constitution

Blog, Jurisprudence26 February 2021

‘Abandonment’ in the 2020 Expropriation Bill

I have said and written much about the Expropriation Bill of 2020, which will likely become the Expropriation Act of 2021 sometime this year. In this article I would likeContinue reading‘Abandonment’ in the 2020 Expropriation Bill

Blog, Jurisprudence21 February 202126 February 2021

Finding constitutional freedom of choice in the right to dignity

The justiciability of unenumerated constitutional rights is understandably controversial. Cases decided by the Supreme Court of the United States many decades ago such as Griswold v Connecticut and Roe vContinue readingFinding constitutional freedom of choice in the right to dignity

Blog, Jurisprudence14 January 20211 February 2021

South Africa’s Constitution Does Not Envision Socialism, But Freedom

Advocates of increased government meddling in private and commercial affairs often point to the South African Constitution as a justification for the politicization of everything. But this is an incorrectContinue readingSouth Africa’s Constitution Does Not Envision Socialism, But Freedom

Blog, Jurisprudence14 March 20201 February 2021

Reflection: The “Spillover Effect” of Section 1 of the Constitution

by Martin van Staden “Die wysiging van die grondwet: die oorspoel-imperatief van artikel 1” by EFJ Malherbe, Professor in Public Law, Rand Afrikaans University, 1999, for the Journal of SouthContinue readingReflection: The “Spillover Effect” of Section 1 of the Constitution