The entrenchment of a Bill of Rights in a supreme Constitution in South Africa means that constitutionalism will become central in a new emerging jurisprudence. The constitutional requirement that the courts promote “the values which underlie an open and democratic society based on freedom and equality2 implies that the interpretive task will be radically different from what it was under the doctrine of parliamentary sovereignty. The duty imposed on the courts by section 39(1)(a) and 7(1) will compel them to make value choices and to make those values explicit through clear and transparent articulation.  
In this paper I argue that regardless of the ‘postliberal’ nature of the South African Constitution,...
OrationesThe rule of law as a foundational constitutional value constrains the exercise of public p...
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of gove...
South Africa’s transition to constitutionalism in 1994 signalled a change in the regulation of sta...
This article, published in South Africa\u27s Constitutional Court Review, focuses on the Constitutio...
The rule of law as a foundational constitutional value constrains the exercise of public power but t...
Publisher versionThe rule of law as a foundational constitutional value constrains the exercise of p...
The rule of law as a foundational constitutional value constrains the exercise of public power but t...
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develo...
The Constitutional Court is the highest court in all constitutional matters and thus decides appeals...
“Constitutional interpretation” has become the focus point of all lawyers and academics interested i...
In this Article, I will first discuss some easily overlooked constitutional tools for promoting grea...
Freedom is central to most constitutions. In the constitutional context, freedom usuall...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
In this paper I argue that regardless of the ‘postliberal’ nature of the South African Constitution,...
OrationesThe rule of law as a foundational constitutional value constrains the exercise of public p...
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of gove...
South Africa’s transition to constitutionalism in 1994 signalled a change in the regulation of sta...
This article, published in South Africa\u27s Constitutional Court Review, focuses on the Constitutio...
The rule of law as a foundational constitutional value constrains the exercise of public power but t...
Publisher versionThe rule of law as a foundational constitutional value constrains the exercise of p...
The rule of law as a foundational constitutional value constrains the exercise of public power but t...
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develo...
The Constitutional Court is the highest court in all constitutional matters and thus decides appeals...
“Constitutional interpretation” has become the focus point of all lawyers and academics interested i...
In this Article, I will first discuss some easily overlooked constitutional tools for promoting grea...
Freedom is central to most constitutions. In the constitutional context, freedom usuall...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
This note explores the proposition that in the face of probably one of the most unequivocal forms of...
In this paper I argue that regardless of the ‘postliberal’ nature of the South African Constitution,...
OrationesThe rule of law as a foundational constitutional value constrains the exercise of public p...
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of gove...