ccr2016

Local Government
1. Confronting the State of Local Government: The 2013 Constitutional Court Decisions
Jaap de Visser and Nico Steytler
1
2. Britannia Beach and Lagoonbay: The Constitutional Court in Muddy Waters? Some Comparative Reflections on the Benefits of an Active Judiciary
Henk Kummeling
24
3. Adding Injury to Insult: Intrusive Laws on Top of a Weak System
Phindile Ntliziywana
32
4. Playing With Power: The Competing Competencies of Provincial and Local Government
David Borgström and Uday Kiran Naidoo
57
Customary Law
5. Transformative Constitutionalism and Customary Law
Aninka Claassens and Geoff Budlender
75
6. Tradition and Modernity: Adjudicating a Constitutional Paradox
Kate O’Regan
105
7. The Exceptionalism and Identity of Customary Law under the Constitution
Wilmien Wicomb
127
8. Living Customary Law: A Truly Transformative Tool?
Rita Ozoemena
147
Education
9. Procedure or Principle: The Role of Adjudication in Achieving the Right to Education
Sandra Fredman
165
10. Executive Heavy Handedness and the Right to Basic Education 199
A reply to Sandra Fredman
Yana van Leeve
199
Case Comments
11. Domestic Enforcement of International Judicial Decisions against Foreign States in South Africa:
Government of the Republic of Zimbabwe v Fick
Hannah Woolaver
217
12. Search and Seizure without Warrant
Alistair Price
245
13. AllPay Remedy: Dissecting the Constitutional Court’s Approach to Organs of State
Meghan Finn
258
14. Minister of Justice and Constitutional Development and Another v Masingili and Others
Anél du Toit
273
15. A False Start in the Development of Class Action Law?
Mukaddam and Others v Pioneer Food (Pty) Ltd and Others
Georgina Jephson
286

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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