Constitutional Court Review III

Elections
1. Liable Lies
Nicholas Stephanopoulos
1
2. Autonomy, Fairness, Pragmatism, and False Electoral Speech: An Analysis of Democratic Alliance v African National Congress
Geo Quinot & P J H Maree
23
3. My Vote Counts: The Basis and Limits of a Constitutional Requirement
of Political Disclosure
Graeme Orr
52
4. My Vote Counts, International Standards and Transparency of Political Party
Funding: Does the State Have a Duty to Provide for Continuous and
Systematic Disclosure?
Joo-Cheong Tham
74
5. Don’t Blame the Librarian if No One Has Written the Book:’ My Vote
Counts
and the Information Required to Exercise the Franchise
Toerien van Wyk
97
The Public Protector
6. A Politics of Accountability: How South Africa’s Judicial Recognition of
the Binding Legal Effect of the Public Protector’s Recommendations
Had a Catalysing Effect that Brought Down a President
Stu Woolman
155
7. ‘Coercing Virtue’ in the Constitutional Court: Neutral Principles,
Rationality and the Nkandla Problem
Michael Tsele
193
Commissions and Legal Aid
8. Reconceiving Commissions of Inquiry as Plural and Participatory
Institutions: A Critical Reflection on Magidiwana
Grant Hoole
221
9. The Right to Civil Legal Aid in South Africa: Legal Aid South Africa v
Magidiwana

Magidiwana
Jason Brickhill & Christine Grobler
256
Gender and the Judiciary
10. Ms. Elsie Klaase and the Constitutional Court’s Missing Women
Mateenah Hunter & Tim Fish Hodgson
283
11. Twenty-Three Years of Gender Transformation in the Constitutional
Court of South Africa: Progress or Regression
Moses Retselisitsoe Phooko & Sibusiso Blessing Radebe
306
Case Comment
12. South African Reserve Bank v Shuttleworth: A Constitutional Lawyer’s
Nightmare
Cora Hoexter
333

 

 

ABOUT CCR

The Constitutional Court Review is the only international journal of record that devotes its attention to the work of South Africa’s highest court. The long essays, replies, articles and case comments use recent decisions to navigate more general currents in the Court’s jurisprudence. The authors may be first rate black letter lawyers, but their interventions are about what South African constitutional law ought to be, not what it is. The Journal follows a strict double-blind, peer-reviewed editorial process. It both solicits work from outstanding scholars and accepts submissions that warrant inclusion. The Editors engage with their authors from start to finish and follow internationally accepted best practices. The Constitutional Court Review has been fortunate to have several steadfast sponsors: the University of the Witwatersrand, the University of Johannesburg, the Konrad Adenauer Stiftung, SAIFAC, Juta Law and Constitutional Law of South Africa. For any inquiries please contact the Editor-in-Chief, Professor Stu Woolman, at stuart.woolman@wits.ac.za. We look forward to your responses to our work.

EDITOR’S NOTE

Chips all in. If you can find a better single volume on South African constitutional law in any South African law journal, then I will buy you a bottle of your favourite scotch. I’m not playing with house money. Read more

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