The Constitutional Law Casebook consists of approximately fifty case extracts from significant judgments handed down by South African courts.  The majority of the cases discussed are decisions of the Constitutional Court, although some extracts are from significant decisions of the Supreme Court of Appeal. 

The cases are considered under separate themes, for example, separation of powers, equality, property etc. The extract selected from each case traces the development of the principles applicable to each particular category.

An introductory question on the legal issues introduces each case discussion. This is followed by a brief description of the factual background and the legal history of the case. The key legal issues to be determined by the Court are then identified. An extract of the relevant paragraphs of the decision itself follows, tracing the Court’s ratio decidendi in answering the introductory question. The order is quoted as well, where it provides a useful confirmation of the ratio decidendi.

Three to five questions for students follow each case extract. These are intended to spark debate around the issues raised in the judgment, to test comprehension of the decision and to encourage a deeper reflection on these issues. The questions may be used to initiate class discussions, or as essay topics for students.

Key Benefits

• Key cases for each topic in constitutional law are discussed.
• An introductory question on the legal issues introduces each case.
• A brief description of the factual background and the legal history of the case is provided.
• Core legal issues to be determined by the Court are identified.
• A description and factual background for each case is included.
• Questions for class discussion or essay topics on each case are provided.
• The full text of the judgments has been included.

Part I: Constitutional History

• Constitutional History: The Adoption of the Constitution
• Constitutional History: The Amnesty Process

Part II: The Bill of Rights

• Bill of Rights: Development of the Common Law 
• Bill of Rights: Interpretation
• Bill of Rights: Application
• Bill of Rights: Limitation
• Bill of Rights: Socio-Economic Rights
• Bill of Rights: Equality
• Bill of Rights: Land           
• Bill of Rights: Customary Law
• Bill of Rights: Religion
• Bill of Rights: Freedom of Expression
• Bill of Rights: Property

Part III: Principles & Structures of Government

• Principles & Structures of Government: Rule of Law and Legality
• Principles and Structures of Government: The Legislature
• Principles and Structures of Government: The Executive
• Principles and Structures of Government: The Judiciary
• Principles and Structures of Government: Separation of Powers
• Principles and Structures of Government: Institutions
• Supporting Constitutional Democracy

• Law students and lecturers of human rights and constitutional law

• Legal practitioners