oa Constitutional Court Review - Marking the path of the law

Volume 2, Issue 1
  • ISSN : 2073-6215



In 15 years, South Africa's Constitutional Court - and the judges of the Supreme Court of Appeal and the High Courts - have traversed most of the history of US constitutional law, a history that took us two centuries to compile, and have marked out new ground of their own: abolition of the death penalty; recognition of free speech; judicial intervention in foreign relations; administrative justice; equal rights under law for blacks and whites, gays and straights, men and women; rights of public participation in legislative processes; and the progressive realisation of socioeconomic rights. To an American observer, it is a remarkable list: and to an American liberal observer, not much short of miraculous.

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