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Twenty Years of South African Constitutionalism

Understanding South Africa’s Aspirational Constitution As Scaffolding by Stu Woolman, Professor of Law at the University of the Witwatersrand, South Africa

Quite a large number of contributors to the literature on comparative constitutionalism have noted that over the past twenty years, many new one-partydominant constitutional democracies have suffered from similar problems of clientelism, cronyism, and corruption…Read more

International Collaboration on IP/Access to Medicines: Birth of South Africa’s Fix the Patent Laws Campaign by Brook K. Baker, Professor of Law at Northeastern University School of Law and Honorary Research Fellow at the University of KwaZulu-Natal, South Africa

In 2000, my colleague Yousuf Vawda and I became active in the global campaign to address intellectual property rights (IPRs), human rights, and barriers to access to affordable medicines for treating HIV and AIDS in South Africa. Anonymous HIV testing at the University of Durban-Westville (UDW) had revealed a staggering rate of untreated infection…Read more

The Constitutionalization of Children’s Rights in South Africa by Warren Binford, Associate Professor of Law and director of the clinical law program at Willamette University College of Law

When the Republic of South Africa drafted its Interim Constitution in 1993 and its final Constitution in 1996, it marked a groundbreaking moment in the advancement of children’s rights. It was the first time that children’s rights were robustly and comprehensively recognized in the express language of a nation’s constitution…Read more

Civil Government Lawyers in South Africa by Jonathan Klaaren, Professor of Law and former Dean of the School of Law at the University of the Witwatersrand

This article explores and outlines a set of issues surrounding government lawyers who provide civil litigation services and legal advice in support of the constitutional project to transform South African society through law…Read more

Judicial Review of Parliamentary Rulemaking: A Provisional Case for Restraint by Firoz Cachalia, Adjunct Professor at the School of Law, University of the
Witwatersrandm, South Africa

We derive our passion for and distrust of democratic politics from the Athenians. The triumph of the democrats over the oligarchs in ancient Greece is celebrated, but the trial and execution of Socrates for opposing the prevailing orthodoxy offends our contemporary sense of justice as much as it did Plato’s…Read more

Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose by Andrea Durbach, Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia

In November 1985, twenty-six people were arrested in Paballelo, a black township on the outskirts of the Northern Cape town of Upington, for the murder of Lucas Sethwala, a local policeman…Read more

Clinical Legal Education’s Contribution to Building Constitutionalism and Democracy in South Africa: Past, Present, and Future by Peggy Maisel, Associate Dean of Experiential Education and Clinical Professor of Law at Boston University School of Law; Shaheda Mahomed, Adjunct Professor at the School of Law, University of the Witwatersrand, South Africa; and Meetali Jain, Senior Researcher at the University of Pretoria, South Africa, Institute for International and Comparative Law in Africa and Centre for Human Rights, and Director of the Constitutional Literacy and Service Initiative

Clinical legal education (CLE) programs were first introduced in South Africa in
the early 1970s. Not surprisingly, given the political climate at the time, these programs were established primarily to address the legal injustices perpetrated by an oppressive system…Read more

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