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oa Constitutional Court Review - 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 : lead essay / response

 

Abstract

To hear Stu Woolman tell it, disturbing lapses and weaknesses - an apparent 'lack of analytical rigour' suggesting what could be a 'penchant for outcome-based decision-making' - have been showing up recently in the work of a Constitutional Court whose prior record of performance has deservedly garnered widespread applause. Woolman cites as evidence three decisions from the Court's work in the year 2007: , and , and suggests that his reactions to these decisions are widely shared among South Africa's well-informed Court-followers. He makes a worthy, illuminating, formidable case, one that the Court would do well to consult and ponder.

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/content/conrev/1/1/EJC28130
2008-01-01
2016-12-09
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