Constitutional Court Review 2011 - 4
Edited by Stu Woolman, Theunis Roux and Danie Brand
Pages: vi 367
Print version: Available
Electronic version: Free PDF available
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).
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
- The South African Constitutional Court and socio-economic rights as ‘insurance swaps’
Rosalind Dixon & Tom Ginsburg
- Rationality, reasonableness, proportionality: Testing the use of standards of scrutiny in the constitutional review of legislation
- The democratic turn and (the limits of) constitutional patriotism after the Truth and Reconciliation Commission Albutt v CSVR
Wessel le Roux
- Customary (communal) land tenure in South Africa: Did Tongoane overlook or avoid the core issue
- Rationality, the rule of law, and the sovereign return
- Three-level games: Thoughts on Glenister, Scaw and international law
Mkhululi D Stubbs
- Confusing grace with amnesia: Reviewing acts of the head of state