Law, Democracy
& Development
Law, Democracy
& Development
JOURNAL OF THE FACULTY OF LAW | UNIVERSITY OF THE WESTERN CAPE
Law, Democracy & Development (LDD)& is the journal of the Faculty of Law at the University of the Western Cape. The first issue appeared in May 1997. The journal set out to build on the proud traditions established by UWC and the Law Faculty in the struggle for democracy, with many of our staff and alumni having gone on to serve as ministers of state, judges of the highest courts and in other key positions in the post-apartheid dispensation. Our focus is on legal and socio-legal issues relevant to the development challenges facing South Africa and Africa – it is, above all, on nurturing institutions of governance through the promotion of human rights.
From an academic perspective, LDD is thus not confined to any single area of law, nor to law in any narrow or technical sense, even though it consistently engages with the content and proper interpretation of the law. Over and above this, however , it is concerned with the role of every branch of law and legal institutions in promoting or obstructing democracy and development within a specific social context. As the 21st century unfolds, we believe that understanding law and governance in this sense is more important than ever in promoting a culture of accountability and respect for human rights across Africa.
Given this focus, LDD has sought to engage with legal scholars in all African countries in order to stimulate discussion across national boundaries. To this end our printed version was circulated to law faculties and developmental agencies throughout Africa, and attracted an increasing number of contributions from other countries.
By having gone online in 2010, LDD significantly increased its reach as well as its accessibility to scholars in Africa and beyond. Contributions are invited online (for more detail, see Guidelines for authors).
LDD is a peer-reviewed journal and has been accredited by the Department of Education for the publication of subsidised research outputs since 2001.
The evolution and implementation of democracy, good governance, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Our aim is to create a forum in which key aspects of these processes can be debated by scholars, practitioners as well as those concerned with policy-making across the continent, thus contributing to the development of shared knowledge and cooperative effort.
The focus is on:
Law, Democracy & Development analyses the evolution of the law in this context and the discourse surrounding its evolution. It examines legal rules with a view to establishing how effective they are in their own terms while, at the same time, scrutinising those terms themselves in a spirit of open-ended inquiry. The objective is to contribute not only to research but also to practical application of the relevant principles by the courts and to the ongoing debate on legal reform.
Law, Democracy & Development is aimed at legal practitioners, academics, social scientists, students and all others engaged in the formulation and implementation of development policy within the framework of a democratic constitutional order.
Law, Democracy & Development is accredited by the Department of Education as an approved journal of subsidised research output. All articles submitted for publication are subject to evaluation by independent referees in accordance with the requirements applicable to accredited journals. In addition, contributions on topics of special interest that have not been subjected to this process may be published in the Forum section.
The articles contained in the journal do not necessarily reflect the opinions of the editors.
Our editorial board is comprised of leading scholars and judicial figures in South Africa and abroad:
Shashikala Gurpur (Professor of Law and Dean of the Faculty of Law, Symbiosis International University and Director of Symbiosis Law School, Pune, India)
Evance Kalula (Chairperson, ILO Committee on Freedom of Association (CFA) and Emeritus Professor of Law, University of Cape Town)
Karl Klare (Professor of Law, Northeastern University, Boston)
Gabriël Moens (Emeritus Professor of Law at the University of Queensland, Australia)
Achim Seifert (Professor of Private Law, German and European Labour Law and Comparative Law at the University of Jena, Germany)
The editors of Law, Democracy & Development are:
Radley Henrico (Associate Professor, University of the Western Cape): Editor-in-Chief
Riekie Wandrag (Associate Professor of Law, University of the Western Cape)
Kitty Malherbe (Professor, Faculty of Law, University of the Western Cape)
Ebenezer Durojaye (Coordinator, Socio-Economic Rights Project, Dullah Omar Institute, University of the Western Cape)
Tinashe Kondo (Lecturer, University of the Western Cape)
Robert Nanima (Post-doctoral research, Dullah Omar Institute)
Sarah Fick (Senior lecturer, University of the Western Cape)
Windell Nortje (Senior lecturer, University of the Western Cape)
Yeukai Mupangavanhu (Associate Professor of Law, University of the Western Cape)
LDD reader guidelines
Law, Democracy & Development (LDD) is an accredited journal - that is, approved by the Department of Education for the publication of subsidised research output. This means that the articles we publish are subject to stringent quality control. All articles, unless otherwise indicated, are peer-reviewed - that is, anonymously assessed by independent experts. In addition, we also publish reviews, commentaries or other contributions which the editors consider topical or important but which have not been subjected to the formal assessment process - for example, contributions by emerging researchers (such as those in our ALAD section), keynote speeches by leading commentators and the like. These non-refereed items are identified as Forum contributions.
LDD is an open-access journal. This means that copyright in all published material remains vested in the author thereof, but the author grants permission for the material to be made available freely on LDD’s website. The material may be quoted, downloaded and/or copied, subject to the following conditions:
Please therefore make full use of the articles contained in LDD for all academic, research or practical purposes – but kindly remember to cite the source so that others can also find it.
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All information contained in official UWC websites, and by extension those of the Faculty of Law, is provided for information purposes only and does not represent a legally binding contract between UWC and any person or entity. Information on official university websites is subject to change without prior notice. While every reasonable effort is made to present current and accurate information, UWC, and by extension the Faculty of Law, makes no guarantees of any kind. The LDD site may contain information that is created and managed by various sources, both internal and external to the University. Some online content exists in the form of forums containing the personal opinions and other expressions of the persons who post the entries. UWC promotes freedom of expression and therefore does not control, monitor or guarantee the information contained on these platforms, and does not endorse any views expressed therein. At no time shall UWC, and by extension the Faculty of Law, be responsible or liable, directly or indirectly, for any damage or loss resulting from or alleged to result from the use of or reliance on any such content.
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