Integration of clinical legal education with procedural law modules
- Authors: Welgemoed, Marc
- Date: 2021-12
- Subjects: Law -- Study and teaching (Clinical education) , Procedure law
- Language: English
- Type: Doctoral theses , Thesis
- Identifier: http://hdl.handle.net/10948/56123 , vital:55571
- Description: This research evaluates the role that Clinical Legal Education (CLE) can and should play in the teaching and learning of procedural law modules, ie Civil Procedure, Criminal Procedure and the Law of Evidence. It is argued that the doctrine of transformative constitutionalism provides a sound theoretical basis for the integration of CLE in the teaching and learning of procedural law modules in that there is a constitutional imperative on law schools to train law graduates, who are ready for entry into legal practice, as far as adequate theoretical knowledge and practical skills are concerned. This research provides an indication of how the integration of CLE with procedural law modules can improve the appreciation of the values of the Constitution of the Republic of South Africa 108 of 1996 by law graduates. Graduates will learn the importance of advancing social and procedural justice when rendering legal services to members of the public. Furthermore, graduates will be equipped with valuable graduate attributes required for legal practice. The conclusion of this research is that an integrated teaching and learning methodology, in relation to procedural law modules, will result in producing better law graduates for legal practice. The result of this will be that future legal practitioners, who can serve the public in a professional, ethical and accountable manner as envisaged by the Legal Practice Act 28 of 2014, immediately after graduating from law schools, will be produced. , Thesis (LLD) -- Faculty of Law, 2021
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- Date Issued: 2021-12
Euthanasia: a modern legal perspective
- Authors: Welgemoed, Marc
- Date: 2013
- Subjects: Right to die -- Law and legislation -- South Africa Terminally ill -- Legal status, laws, etc. -- South Africa , Euthanasia -- South Africa Assisted suicide -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/45849 , vital:39222
- Description: Euthanasia and assisted suicide is currently illegal in South Africa and amounts to murder. Despite the fact that South Africa has a Constitution, including a Bill of Rights, as well as strong lobbying in favour of the legalization of euthanasia, no legal changes have been effected. Other issues closely intricated with euthanasia, like the so-called “living wills” and palliative care, where an increase of medication can possibly shorten the lifespan of a patient (“double-effect”-medication), are also problematic at the moment. The South African Law Commission has made recommendations regarding the legalization of euthanasia and assisted suicide, as well as the validity of living wills and “double-effect” palliative care practices as far back as 1997, but to present none of the recommendations had been adhered to. The only indication in favour of the toleration of euthanasia and assisted suicide is that the courts have handed down lenient sentences in cases of this nature. In this treatise the legal position in South Africa is compared to that applicable in the Netherlands and in Canada in an attempt to see whether or not South Africa can learn something from these countries as far as the development of its own legal system, relating to euthanasia, is concerned. The Termination of End of Life Decisions and Assisted Suicide Act is applicable in the Netherlands and legalizes euthanasia and assisted suicide subject to strict requirements being complied with. Although euthanasia is illegal in Canada, the courts have recently shown a noteworthy human rights approach that almost resulted in the legal position in the province of British Columbia being changed. It will be submitted that South Africa must take thorough note of these two foreign legal systems, as well as of the recommendations of the South African Law Commission and the Bill of Rights, especially the rights to life, dignity, equality and freedom and security of the person.
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- Date Issued: 2013