The Role of Dignity in Equality Law: Lessons from Canada and South Africa

This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.

‘The Judiciary and Political Change in Africa: Developing Transitional Jurisprudence in Nigeria’

At a time of increased evaluations of law, human rights, and the rise of judicial power all over the globe, the work of most African judiciaries and the principles of the jurisprudence they espouse in promoting social justice remain an unlikely focus of comparative legal scholarship. This ought not to be so in view of the considerable activities of the courts on the continent in the dawn of the third wave of democratization. This article explores the work of the Nigerian Supreme Court in the political transition to democracy since 1999. Utilizing insights from the work of Ruti Teitel, it attempts to outline some of the major constitutional and extraconstitutional principles adopted by the Court in mediating intergovernmental contestations in the turbulent transition away from almost three decades of authoritarian military rule. It emerges that the task of fostering social transformation through the “weakest” branch seriously tasks the institutional integrity of the judiciary.

'Democratic Transition, Judicial Accountability and Judicialisation of Politics in Africa: The Nigerian Experience'

Purpose – This paper aims to examine the growing incidence of judicialisation of politics in Nigeria’s democratisation experience against the backdrop of questionable judicial accountability. Design/methodology/approach – The article draws on legal and political theory as well as comparative law perspectives. Findings – The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition. Practical implications – Effective judicial mediation of political transition requires a transformed and accountable judiciary. Originality/value – The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions. Keywords Democracy, Politics, Law, Nigeria, Africa Paper type Viewpoint

Dales, long lands, and the medieval division of land in eastern England

The long, parallel fields of the marshlands between the Fens and the Humber estuary in eastern England, which are recorded on nineteenth-century maps, were the result of the division of the wetlands that occurred particularly during the twelfth and early thirteenth centuries. Areas of common fen pasture were partitioned between tenants to provide land for grazing and arable. Similar division also took place on the coastal strip and in the peat fen for land for salt-making and cutting fuel. These long strips, known as dales, are compared to similar areas in open fields in parts of Yorkshire and Northamptonshire, which have been discussed elsewhere. It is argued that the field shape is the result of a type of division in eastern England in which considerable emphasis was placed on case of partitioning land equitably.

Understanding Corporate Governance Reform in South Africa: Anglo-American Divergence, the King Reports and Hybridization

This article investigates corporate governance reform in South Africa in the context of the country’s international links with Anglo-American corporate governance and domestic pursuit of socioeconomic development. Two key questions are evaluated. (a) How has divergence within the Anglo-American model influenced corporate governance reform in South Africa? (b) Can South Africa’s historical closeness to the Anglo-American model be combined with increasing attention to stakeholder issues to produce a hybrid “African model” of corporate governance? Evaluating these questions, the following issues are explored in turn: the contrast between shareholder and stakeholder models, divergence between U.S. and U.K. approaches to corporate governance as exemplified by Sarbanes-Oxley, locating a South African approach in context of the Anglo-American model, the King reports and an emerging “African” model of corporate governance, and the role of international and domestic factors in shaping South Africa’s ongoing reform process.

A record of rapid Holocene climate change preserved in hyrax middens from southwestern Africa

The discovery of sensitive paleoenvironmental proxies contained within fossilized rock hyrax middens from the margin of the central Namib Desert, Africa, is providing unprecedented insight into the region's environmental history. High-resolution stable carbon and nitrogen isotope records spanning 0-11,700 cal (calibrated) yr B. P. indicate phases of relatively humid conditions from 8700-7500, 6900-6700, 5600-4900, and 4200-3500 cal yr B. P., with a period of marked aridity occurring from 3500 until ca. 300 cal yr B. P. Transitions between these phases appear to have occurred very rapidly, often within <200 years. Of particular importance are: (1) the observed relationship between regional aridification and the decline in Northern Hemisphere insolation across the Holocene, and (2) the significance of suborbital scale variations in climate that covary strongly with fluctuations in solar forcing. Together, these elements call for a fundamental reexamination of the role of orbital forcing on tropical African systems, and a reconsideration of what factors drive climate change in the region. The quality and resolution of these data far surpass any other evidence available from the region, and the continued development of this unique archive promises to revolutionize paleoenvironmental studies in southern Africa.

Continuity and Change in the European Union’s Approach to Enlargement::Turkey and Central and Eastern Europe compared

Existing studies of European Union (EU) enlargement provide few answers to questions concerning continuity and change in the dynamics of the process. This article identifies a number of conditioning factors that have shaped the EU’s approach to eastern enlargement and traces elements of continuity and change in the EU’s handling of Turkey’s membership aspirations. The article focuses on three established factors – member state preferences, supranational activism and EU capacity – and two less prominent factors – public opinion and narrative frame