Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Constitutional Court Review 2010 - 3

Constitutional Court Review 2010 - 3
Edited by Stu Woolman, Theunis Roux and Danie Brand
2011
ISSN: 2073-6215
Pages: vi 367
Print version: Available
Electronic version: Free PDF available

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About the publication

The Constitutional Court Review, an initiative of Constitutional law of South Africa (CLoSA), the Department of Public Law at the University of Pretoria and the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC) is a once-a-year journal dedicated to the analysis of the Constitutional Court’s decisions of the previous year.

Its purpose is to provide a platform for high-level academic engagement with the jurisprudence of the South African Constitutional Court.

To this end, each issue of the Review contains two lead essays exploring broad themes arising from a given year’s jurisprudence (each ± 20 000 words), each with its own response (± 5 000 words); a number of shorter subject-specific articles (each ± 10 000 words); and several case comments that engage more narrowly with a given decision of the Constitutional Court (each ± 5 000 words).

Lead essays are solicited by the editors, as are some of the subjectspecific articles and case notes, but for the remainder unsolicited contributions are invited. Such contributions must be sent to the editors at This email address is being protected from spambots. You need JavaScript enabled to view it. in MS Word format on or before 31 May of the year following that on which a contribution focuses.

About the editors:

Stu Woolman is Professor at the University of the Witwatersrand
Theunis Roux is Professor at the University of New South Wales
Danie Brand is Associate Professor at the University of Pretoria


Table of Contents

  • Finding the Constitutional Court’s place in South Africa’s democracy: The interaction of principle and institutional pragmatism in the Court’s decision making
    Heinz Klug
  • Fighting for their place: Constitutional courts as political actors: A reply to Heinz Klug
    Conrado Hübner Mendes
  • Citizenship and community: Exploring the right to receive basic municipal services in Joseph
    David Bilchitz
  • Precedent and the Constitutional Court
    Jason Brickhill
  • Substantive reasoning in administrative-law adjudication
    Geo Quinot
  • The role of courts in the quantitative-implementation of social and economic rights: A comparative study
    Lucy A Williams
  • The desperate left in desperation: A court in retreat - Nokotyana v Ekurhuleni Metropolitan Municipality revisited
    Redson Edward Kapindu
  • Meaningful engagement: One step forward or two back? Some thoughts on Joe Slovo
    Kirsty McLean
  • The reach of amnesty for political crimes: Which burdens on the guilty does national reconciliation permit?
    Thaddeus Metz
  • If you can see, look: Domestic partnerships and the law
    Bonita Meyersfeld
  • Who’s in and who’s out? Inclusion and exclusion in the family law jurisprudence of the Constitutional Court of South Africa
    Denise Meyerson
  • Lessons from Mazibuko: Persistent inequality and the commons
    Daria Roithmayr
  • Reflections on post-apartheid being and becoming in the aftermath of amnesty: Du Toit v Minister of Safety and Security
    Karin van Marle

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