Constitutional Court Review 2009 - 2
Edited by Stu Woolman, Theunis Roux and Danie Brand
2011
ISSN: 2073-6215
Pages: vi 448
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
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
- ‘He had a mandate’: The South African Constitutional Court and the African National Congress in a dominant party democracy
Sujit Choudhry - Dominant democracy in South Africa? A response to Choudhry
Jonathan Klaaren - Marking the path of the law
Stephen Ellmann - The role of transboundary dialogue: A response to Stephen Ellmann
Christopher Mbazira
Articles
- ‘The stubborn persistence of patriarchy’? Gender equality and cultural diversity in South Africa
Catherine Albertyn - Back off but back up! Administrative Law rightly yields to Labour Law
Martin Brassey - Principled calm amidst a shameless storm: Testing the limits of the judicial regulation of legislative and executive power
Hugh Corder - The flight from rights: Rule aversion in dealing with the criminal process Molimi, Zuma, Thint (Holdings), Shaik and Zealand
Frank Snyckers
Case comments
- Vampire or prince? The listening Constitution and Merafong Demarcation Forum & Others v President of the Republic of South Africa & Others
Michael Bishop - A new approach to remedies in socio-economic rights adjudication: Occupiers of Olivia Road and Others v City of Johannesburg and Others
Lilian Chenwi - The significance of the living customary law for an understanding of law: Does custom allow for a woman to be Hosi?
Drucilla Cornell - Between moral authority and formalism: Nyathi v Member of Executive Council for Dept of Health, Gauteng
Pierre De Vos - The decision in Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Another 2009 (1) SA 337 (CC): Be wary of these holdings
Nico Steytler