Constitutional Court Review 2008 - 1
Edited by Stu Woolman, Theunis Roux and Danie Brand
ISSN: 2073-6215
Pages: 375
Print version: Available
Electronic version: Free PDF available

Download this book

About the publication

The Constitutional Court Review 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.

Contributions will only be considered if they follow the house style.

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

Lead essays/responses

  • On the uses of interpretive charity: Some notes on application, avoidance, equality and objective unconstitutionality from the 2007 term of the Constitutional Court of South Africa
    Frank I Michelman
  • The Constitutional Court, court watchers and the Commons: A reply to Professor Michelman on constitutional dialogue, ‘interpretive charity’ and the citizenry as sangomas
    Tshepo Madlingozi
  • Normative pluralism and anarchy: Reflections on the 2007 term
    AJ van der Walt
  • Legal subsidiarity and constitutional rights: A reply to AJ van der Walt
    Karl Klare


  • ‘Oh, what a tangled web we weave ...’ Hegemony, freedom of contract, good faith and transformation — towards a politics of friendship in the politics of contract
    Jaco Barnard-Naudé
  • Clearing the intersection? Administrative law and labour law in the Constitutional Court
    Cora Hoexter

Case comments

  • Sustainable development in practice: Fuel Retailers Association of Southern Africa v Director-General Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province
    Loretta Feris
  • Fuel Retailers, sustainable development & integration: A response to Feris
    Dire Tladi
  • Cultural and religious accommodations to school uniform regulations
    Patrick Lenta
  • The case for religious inclusivism and the judicial recognition of religious associational rights: A response to Lenta
    Iain T Benson
  • Media freedom and the law of privacy: NM & Others v Smith & Others (Freedom of Expression Institute as amicus curiae)
    Glenn Penfold & Dario Milo
  • Wanted: A principled approach to the balancing of policy considerations. Steenkamp NO v Provincial Tender Board, Eastern Cape
    Sanele Sibanda
  • Severing the umbilical cord: A subtle jurisprudential shift regarding children and their primary caregivers
    Ann Skelton

Download this book


ORCID provides a persistent digital identifier that distinguishes you from every other researcher and, through integration in key research workflows such as manuscript and grant submission, supports automated linkages between you and your professional activities ensuring that your work is recognised. If you do not have such an ID, please register at the website