This publication places into the public domain much of the content of the symposium'A
Delicate Balance: The place of the judiciary in a constitutional democracy'that the Wits Law …

Abstract On April 4, 2012, Deputy Chief Justice Dikgang Moseneke of the Republic of South
Africa delivered the Georgetown Law Center's thirty-second annual Philip A. Hart Lecture:“A …

Our Constitution differs from many others in a fundamental respect. Most constitutions reflect
the outcome of a change which has already taken place, and lay down the framework for the …

The founding of South Africa as a nation state just over a century ago was an attempt
through constitutional governance to reconcile fiercely divided communities, largely within …

The relatively peaceful establishment at a formal level of a constitutional democracy in South
Africa has been widely celebrated over the last six years. Countless observers have …

The South African democracy is nine years old. The coming into force of a new constitution
is always a milestone in a country s history. Our Constitu tion, 1 like the interim Constitution …

A stirring collection of public talks and essays by an activist and former judge offers an
intimate insider's view of South Africa's Constitution. This stirring collection of essays and …

Shortly before the first chapter of South Africa's grand constitutional democratic experiment
was to draw to a close with the passing of the country's first black president and revered …

As the guardian of the constitution, the high court from time to time disappoints the ambitions
of legislators and governments. This is part of our system of checks and balances. People …

In his memorable judgment in the matter in which the Constitutional Court declared the
death penalty to be unconstitutional, S v. Makwanyane, 2 former Chief Justice Ismail …