Constitutional Court Review 2011 - 4

Constitutional Court Review 2011 - 4
Edited by Stu Woolman, Theunis Roux and Danie Brand
2012

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

• 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
  Christian Courtis
• 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
  Douglas Mailula
• Rationality, the rule of law, and the sovereign return
  Stewart Motha
• Three-level games: Thoughts on Glenister, Scaw and international law
  Mkhululi D Stubbs
• Confusing grace with amnesia: Reviewing acts of the head of state
  Francois Venter

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