Landmark Constitutional Cases that Changed South Africa: Volume 2
This second volume of landmark constitutional cases builds on the success of Volume 1 by analysing ten additional transformative judgments that have shaped South Africa’s constitutional landscape. The book demonstrates how the Constitutional Court has progressively developed fundamental rights jurisprudence through cases addressing corporal punishment of minors, state accountability for gender-based violence, tax collection powers, strike violence, religious freedom, parental rights of unmarried fathers, Muslim marriages, language rights in education, affirmative action, and electoral reform.
South Africa’s 1996 Constitution represented a dramatic break from the country’s apartheid past, establishing a robust Bill of Rights and empowering the Constitutional Court to enforce these rights. Since then, the Court has delivered numerous landmark judgments that have transformed various areas of law and society. While Volume 1 examined foundational cases establishing core constitutional principles, this second volume explores how these principles have been applied and developed in specific domains affecting everyday South Africans.
The book aims to provide accessible and comprehensive analyses of complex constitutional jurisprudence for legal practitioners, academics, students, and the public. Each chapter examines a significant judgment by explaining its factual and legal context, identifying its most important constitutional contributions, and tracing its impact on subsequent legislation and jurisprudence. The chapters share a common structure but cover diverse subjects, offering a holistic view of South Africa’s evolving constitutional democracy.
This volume makes a distinctive intellectual contribution by moving beyond traditional case commentaries to trace the evolution of South African constitutional law across multiple domains. It highlights how constitutional principles established in early cases have been refined and applied in subsequent judgments and legislation, demonstrating the living nature of the Constitution. The book also reveals patterns in the Court’s jurisprudential approach, particularly its commitment to substantive equality, transformative constitutionalism, and the protection of vulnerable groups.
A key feature of the work is its accessibility to non-legal readers while maintaining rigorous legal analysis. The authors have structured each chapter to be standalone yet interconnected with others, allowing readers to understand individual cases while perceiving broader jurisprudential developments. By covering cases from diverse areas of law, the book offers a unique perspective on how constitutional principles transcend traditional legal boundaries to create a coherent rights-based legal system.
The book will fill a significant gap in the literature by providing a comprehensive yet accessible analysis of how South Africa’s constitutional jurisprudence has evolved beyond its foundational cases to address contemporary challenges. It will serve as an invaluable resource for understanding the practical impact of constitutional rights on South African society and the ongoing project of transformative constitutionalism.
Product details
Chapters
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Introduction
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Striking a Balance: The Constitutional Court’s Stand on Corporal Punishment of Minors and the Right to Personal Freedom and SecurityS v Williams
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Shaping State Accountability in South African LawCarmichele v Minister of Police
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Access to Courts and the South African Revenue Service’s Obligation to Collect TaxesMetcash Trading Ltd v Commissioner for South African Revenue Service
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Strike Violence and Labour Law LiabilityNational Union of Metalworkers of South Africa obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty)
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The Endorsement of the Majority Religion Through Legislation – A Constitutional AnalysisS v Lawrence, S v Negal and S v Solberg
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Gender Equality: Recognising the Parental Responsibilities and Rights of Unmarried FathersFraser v Children’s Court, Pretoria North
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The Protection of Spouses in Muslim Marriages in South AfricaHassam v Jacobs
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Is Multilingualism merely a Dream? Recognition of Official Languages in South Africa’s Higher Education InstitutionsAfriForum v University of the Free State
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The Constitutional Court’s Approach to Affirmative ActionSouth African Police Service v Solidarity obo Barnard
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Independent Candidates and Electoral Reform in South Africa: Striking a Balance between Sections 18 and 19 of the ConstitutionNew Nation Movement NPC v President of the Republic of South Afric
References
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