Landmark constitutional cases that changed South Africa /

"On 14 February 1995, the Constitutional Court of South Africa was inaugurated by President Nelson Mandela. In his inaugural speech, President Mandela remarked that the "future of our democracy" hinged on the existence and the work of the newly created Constitutional Court. Furthermor...

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Bibliographic Details
Main Authors: Laubscher, Roxan (Author), Van Staden, Marius (Author)
Corporate Author: University of Johannesburg
Format: Electronic eBook
Language:English
Published: Auckland Park [Johannesburg] : UJ Press, 2023.
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Online Access:EBSCOhost
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Table of Contents:
  • Introduction
  • 1. The death penalty decision: A triumph for human rights and the value of ubuntu / S v Makwanyane
  • 2. Constitutional remedies: Constitutional damages and "appropriate relief" / Fose v Minister of Safety and Security
  • 3. Administrative review, the principle of legality and "PAJA-avoidance" / Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others
  • 4. Customary law and its development: legal certainty versus flexibility? / Bhe and Others v Khayelitsha Magistrate and Others; Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa
  • 5. Contractual provisions, constitutional values and public policy: To what extent may courts interfere in the enforcement of contracts? / Barkhuizen v Napier
  • 6. Statutory interpretation: Textual thresholds and the separation of powers / African Christian Democratic Party v The Electoral Commission
  • 7. The right to equality and the adoption of a concrete test for unfair discrimination / Harksen v Lane
  • 8. The constitutionalisation of labour law in South Africa / National Education Health and Allied Workers Union (NEHAWU) v University of Cape Town
  • 9. Constitutional promises and access to housing (deferred) / Government of the Republic of South Africa v Grootboom
  • 10. Gay marriage, equality and the need for substantive protection for same-sex and new forms of intimate relationships / Minister of Home Affairs v Fourie.