The South African concept of constitutional citizenship draws on national and African traditions in addition to its firm grounding in international law. Furthermore, as drafted, it crystallizes the potential to ground national citizenship within a global order. This potential remains apparent in...

Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial...

In both academic commentary and judicial decisions a connection is frequently drawn between substantive equality and social rights. This article explores this relationship in light of South African constitutional law. The first part of the article introduces the concepts of social rights and...

In this working paper I engage with an article by Samantha Vice on the role of white South Africans in post-apartheid South Africa. I argue that an attempt by whites to avoid making mistakes and taking risks, and the focus on working on oneself and retreat from the public sphere, might well...

This policy review interprets the constitutional provisions for preferential public procurement in Constitution of Republic of South Africa, 1996, Act 108 of 1996, Section 217, to be applied in relation to the broader developmental governance objectives of the Constitution of South Africa, which...

This article reviews the emergent socio-economic rights jurisprudence of the South African Constitutional Court, focusing particularly on the seminal case of Grootboom. The first part disputes a particularly prevalent characterisation of the Court's approach – namely, that it constitutes an...

The rights and aspirations of the Constitution of South Africa are expressly recognised in competition legislation. This recognition, as well as the principle of constitutional supremacy, enjoin competition authorities and courts to interpret and adjudicate competition matters in a manner that...

This paper looks at the inclusion of excluded groups, notably the racial transformation of the South African university system. Both demand-side factors - are qualified black people hired as faculty? - and supply-side factors - are there enough qualified black people who can be hired as faculty?...