Constitutional Court Review 2008 - 1
Edited by Stu Woolman, Theunis Roux and Danie Brand
2009
ISSN: 2073-6215
Pages: 375
Print version: Available
Electronic version: Free PDF available
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
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
Articles
- ‘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