Bertus De Villiers
Biographic Data
| ID | 123720 |
|---|---|
| NAME | Bertus De Villiers |
| GIVEN NAMES | Bertus |
| FAMILY NAME | De Villiers |
| SIGNATURE | DE VILLIERS B |
| AFFILIATIONS | University of Johannesburg |
| VERIFIED | No |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 6 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
Life after the Failed Voice: Options for Aboriginal Self-determination in Australia
The proposition of this article is that it is time to re-think Aboriginal self-determination. A process should be allowed to develop that is perhaps less grandiose than the failed Voice, which was rejected in October 2023, but more practical and reflective of Aboriginal social, linguistic, and cultural organisation. A process of self-determination that starts at the bottom and then, if necessary, works its way to the state and federal levels. The…
Dithering Between Consultation and Consensus – Whereto with Advisory Bodies for Indigenous Peoples
The establishment of permanent, national consultative bodies for Indigenous Peoples is rare, but insight can be gained from comparative experiences such as the Sámi Parliament of Finland, previous advisory bodies for Aboriginal People in Australia, and more recently progress by the Khoisan in South Africa. Advisory bodies for Indigenous Peoples at the national level are often the victim of competing expectations. Governments tend to approach advi…
From Community Autonomy in Hungary to Indigenous Self-Determination in the Outback of Australia: Can Non-Territorial Autonomy Find Traction Down Under
Hungary has, during the past three decades, developed what could arguably be described as one of the most advanced institutional systems of non-territorial autonomy in the world. Being so advanced does not of course mean the system is perfect or beyond criticism. But it does provide potentially useful insights into how non-territorial autonomy can or cannot work in practice. This article reflects on the institutional design of Hungary and asks wh…
Striking a Balance between Free Association and Regulating Membership of a ‘Community’: Exploring s 235 of the Constitution of South Africa
Section 235 of the Constitution of South Africa contains a promise of potential self-determination of language and cultural communities. An essential question arising from this promise is how an individual’s freedom of association interacts with the ability of a community to determine its membership. This article reflects on this question with reference to standards developed in international law and practices in the constitutional law of selecte…
Chasing The Dream – Self-Determination on a Non-territorial Basis for the Noongar Traditional Owners in the South West of Australia
Self-determination for Aboriginal people in Australia has been a long sought after yet difficult objective to reach. The recently concluded Noongar Settlement in the state of Western Australia opens new opportunities and could potentially set a new benchmark for non-territorial autonomy and self-government for an Aboriginal community. The Noongar Settlement exceeds the more traditional settlements of a native title claim since it provides elabora…
Is it Possible to Define the Impossible – What is a ‘Community’ for Purposes of Section 235 of the Constitution of South Africa
The Constitution of South Africa contains the promise in Section 235 that any community that shares a common language and cultural heritage may be granted self-determination. The Constitution does not give any guidance about who the communities are that qualify for this self-determination. Terms such as minority, nationality and peoples have been notoriously difficult to define. The term ‘community’ has now been added to this list. In this articl…
Privatised Autonomy for the Noongar People of Australia - a sui generis Model for Indigenous Non-territorial Self-government
The Noongar people of the federal state of Western Australia have recently entered into what can be described as the most comprehensive settlement of a native title claim that spans an area of 200 000 square kilometres. The Settlement lays the foundation of a sui generis model for indigenous and minority self-determination in Australia and beyond. The Settlement sits between the spheres of public law and private law and provides for a form of non…
An Advisory Body for Aboriginal Peoples in Australia - one step forward and two back
VRÜ Verfassung und Recht in Übersee , Seite 259 - 280
Special regional autonomy in a unitary system – preliminary observations on the case of the Bangsomoro homeland in the Philippines
Section 235 of the Constitution: Too Soon or too Late for Cultural Self-Determination in South Africa
© 2014, Juta and Co ltd. All rights reserved. Section 235 of the Constitution acknowledges the right of cultural groups to selfdetermination. Giving practical effect to s 235 is a task to be undertaken by a future Parliament. This article explores the concept of non-territorial, also called cultural autonomy, whereby culture groups can establish a legal person clothed with public law powers as an organ of government to make decisions about the pr…
Federalism in South Sudan-Options for Power Sharing in the Permanent Constitution
The young nation of South Sudan is currently engaged in a review of its Transitional Constitution with the aim of finalizing a Permanent Constitution by 2015. One of the key issues the subject of negotiations is whether the Permanent Constitution should contain power-sharing features and if so, whether those features should be formal or informal. While it is widely accepted that the Permanent Constitution will contain federal elements, this artic…
Secession - the Last Resort for Minority Protection
Secession' is a word that brings fear to nations. It reeks of conflict, violence and instability. It is also a measure of last resort. It sometimes brings hope to minorities that are in despair and who feel permanently excluded from policy making. This article looks at some of the faces of secession. It investigates how international law is vague on the one hand and pragmatic on the other hand when it comes to secession. It shows how, in recent t…
Federations: Shared Rule and Self-rule in the Search for Stable Governance
In a world searching for stability, federations have flourished in situations of diversity, where flexibility and adaptability are required within the confines of national unity. Federations do not have the monopoly to accommodate diversity, but the essence of the philosophy that underpins federations is supportive of the existence of multiple identities, constitutional guarantees for power-sharing and self-rule, constitutionalism and judicial ov…
Federalism in South Africa: Implications for Individual and Minority Protection
Directive Principles of State Policy and Fundamental Rights: The Indian Experience
(1992). Directive Principles of State Policy and Fundamental Rights: The Indian Experience. South African Journal on Human Rights: Vol. 8, No. 1, pp. 29-49
The Socio-Economic Consequences of Directive Principles of State Policy; Limitations on Fundamental Rights
(1992). The Socio-Economic Consequences of Directive Principles of State Policy; Limitations on Fundamental Rights. South African Journal on Human Rights: Vol. 8, No. 2, pp. 188-199
Federations: Shared Rule and Self-rule in the Search for Stable Governance
In a world searching for stability, federations have flourished in situations of diversity, where flexibility and adaptability are required within the confines of national unity. Federations do not have the monopoly to accommodate diversity, but the essence of the philosophy that underpins federations is supportive of the existence of multiple identities, constitutional guarantees for power-sharing and self-rule, constitutionalism and judicial ov…
Directive Principles of State Policy and Fundamental Rights: The Indian Experience
(1992). Directive Principles of State Policy and Fundamental Rights: The Indian Experience. South African Journal on Human Rights: Vol. 8, No. 1, pp. 29-49
Secession - the Last Resort for Minority Protection
Secession' is a word that brings fear to nations. It reeks of conflict, violence and instability. It is also a measure of last resort. It sometimes brings hope to minorities that are in despair and who feel permanently excluded from policy making. This article looks at some of the faces of secession. It investigates how international law is vague on the one hand and pragmatic on the other hand when it comes to secession. It shows how, in recent t…
The Socio-Economic Consequences of Directive Principles of State Policy; Limitations on Fundamental Rights
(1992). The Socio-Economic Consequences of Directive Principles of State Policy; Limitations on Fundamental Rights. South African Journal on Human Rights: Vol. 8, No. 2, pp. 188-199
Directive Principles of State Policy and Fundamental Rights: The Indian Experience
(1992). Directive Principles of State Policy and Fundamental Rights: The Indian Experience. South African Journal on Human Rights: Vol. 8, No. 1, pp. 29-49
The Socio-Economic Consequences of Directive Principles of State Policy; Limitations on Fundamental Rights
(1992). The Socio-Economic Consequences of Directive Principles of State Policy; Limitations on Fundamental Rights. South African Journal on Human Rights: Vol. 8, No. 2, pp. 188-199
Federalism in South Africa: Implications for Individual and Minority Protection
Federations: Shared Rule and Self-rule in the Search for Stable Governance
In a world searching for stability, federations have flourished in situations of diversity, where flexibility and adaptability are required within the confines of national unity. Federations do not have the monopoly to accommodate diversity, but the essence of the philosophy that underpins federations is supportive of the existence of multiple identities, constitutional guarantees for power-sharing and self-rule, constitutionalism and judicial ov…
Secession - the Last Resort for Minority Protection
Secession' is a word that brings fear to nations. It reeks of conflict, violence and instability. It is also a measure of last resort. It sometimes brings hope to minorities that are in despair and who feel permanently excluded from policy making. This article looks at some of the faces of secession. It investigates how international law is vague on the one hand and pragmatic on the other hand when it comes to secession. It shows how, in recent t…
Section 235 of the Constitution: Too Soon or too Late for Cultural Self-Determination in South Africa
© 2014, Juta and Co ltd. All rights reserved. Section 235 of the Constitution acknowledges the right of cultural groups to selfdetermination. Giving practical effect to s 235 is a task to be undertaken by a future Parliament. This article explores the concept of non-territorial, also called cultural autonomy, whereby culture groups can establish a legal person clothed with public law powers as an organ of government to make decisions about the pr…
Federalism in South Sudan-Options for Power Sharing in the Permanent Constitution
The young nation of South Sudan is currently engaged in a review of its Transitional Constitution with the aim of finalizing a Permanent Constitution by 2015. One of the key issues the subject of negotiations is whether the Permanent Constitution should contain power-sharing features and if so, whether those features should be formal or informal. While it is widely accepted that the Permanent Constitution will contain federal elements, this artic…
Special regional autonomy in a unitary system – preliminary observations on the case of the Bangsomoro homeland in the Philippines
An Advisory Body for Aboriginal Peoples in Australia - one step forward and two back
VRÜ Verfassung und Recht in Übersee , Seite 259 - 280
Striking a Balance between Free Association and Regulating Membership of a ‘Community’: Exploring s 235 of the Constitution of South Africa
Section 235 of the Constitution of South Africa contains a promise of potential self-determination of language and cultural communities. An essential question arising from this promise is how an individual’s freedom of association interacts with the ability of a community to determine its membership. This article reflects on this question with reference to standards developed in international law and practices in the constitutional law of selecte…
Chasing The Dream – Self-Determination on a Non-territorial Basis for the Noongar Traditional Owners in the South West of Australia
Self-determination for Aboriginal people in Australia has been a long sought after yet difficult objective to reach. The recently concluded Noongar Settlement in the state of Western Australia opens new opportunities and could potentially set a new benchmark for non-territorial autonomy and self-government for an Aboriginal community. The Noongar Settlement exceeds the more traditional settlements of a native title claim since it provides elabora…
Is it Possible to Define the Impossible – What is a ‘Community’ for Purposes of Section 235 of the Constitution of South Africa
The Constitution of South Africa contains the promise in Section 235 that any community that shares a common language and cultural heritage may be granted self-determination. The Constitution does not give any guidance about who the communities are that qualify for this self-determination. Terms such as minority, nationality and peoples have been notoriously difficult to define. The term ‘community’ has now been added to this list. In this articl…
Privatised Autonomy for the Noongar People of Australia - a sui generis Model for Indigenous Non-territorial Self-government
The Noongar people of the federal state of Western Australia have recently entered into what can be described as the most comprehensive settlement of a native title claim that spans an area of 200 000 square kilometres. The Settlement lays the foundation of a sui generis model for indigenous and minority self-determination in Australia and beyond. The Settlement sits between the spheres of public law and private law and provides for a form of non…
From Community Autonomy in Hungary to Indigenous Self-Determination in the Outback of Australia: Can Non-Territorial Autonomy Find Traction Down Under
Hungary has, during the past three decades, developed what could arguably be described as one of the most advanced institutional systems of non-territorial autonomy in the world. Being so advanced does not of course mean the system is perfect or beyond criticism. But it does provide potentially useful insights into how non-territorial autonomy can or cannot work in practice. This article reflects on the institutional design of Hungary and asks wh…
Dithering Between Consultation and Consensus – Whereto with Advisory Bodies for Indigenous Peoples
The establishment of permanent, national consultative bodies for Indigenous Peoples is rare, but insight can be gained from comparative experiences such as the Sámi Parliament of Finland, previous advisory bodies for Aboriginal People in Australia, and more recently progress by the Khoisan in South Africa. Advisory bodies for Indigenous Peoples at the national level are often the victim of competing expectations. Governments tend to approach advi…
Life after the Failed Voice: Options for Aboriginal Self-determination in Australia
The proposition of this article is that it is time to re-think Aboriginal self-determination. A process should be allowed to develop that is perhaps less grandiose than the failed Voice, which was rejected in October 2023, but more practical and reflective of Aboriginal social, linguistic, and cultural organisation. A process of self-determination that starts at the bottom and then, if necessary, works its way to the state and federal levels. The…
Political science (16 works) · Law (13 works) · Politics (9 works) · Sociology (9 works) · Legal Issues in South Africa (7 works) · Autonomy (4 works) · Business (4 works) · Computer Science (4 works) · Constitution (4 works) · Economics (4 works)