2013 - 1st Edition
2013 - 1st Edition
Over the past twenty years, the South African courts, and particularly the Constitutional Court, have developed a rich set of rules and principles applicable to cases that involve constitutional matters. Constitutional Litigation gathers together those rules and principles into a comprehensive, but digestible and easily accessible, book that will be of interest and value not only to the newcomer to constitutional litigation, but also to the more seasoned practitioner.
Constitutional Litigation examines the constitutional jurisdiction of the High Court and the Supreme Court of Appeal (and certain other specialist courts), and considers the various rules peculiar to these courts that are often relevant to constitutional litigation, such as the admission of an amicus curiae, the duty to raise a constitutional matter as early as possible in the proceedings, and the duty to join the relevant organ of state in a case involving a constitutional issue. Ultimately, though, it is the Constitutional Court that is the central focus of the book. The following areas are covered: jurisdiction, confirmation proceedings, applications for leave to appeal and direct access procedures, constitutional remedies, costs, interlocutory proceedings, and hearings.
‘I welcome the publication of Constitutional Litigation and have no doubt that it will add much to our evolving procedural law as well as to the ability of practitioners to do justice to the cases of their clients – an outcome that is consistent with the mission of our Constitution.’Deputy Chief Justice Dikgang Moseneke
‘The book is written in clear and accessible language, and is well researched. It fills a much-needed gap in the law and practice of constitutional litigation.’Gilbert Marcus SC
‘Constitutional Litigation is not only a useful but a necessary addition to the libraries of practitioners, judges, magistrates, legal advisors, students and academics. In detail, yet in a simplified manner, it guides not only newcomers to the field of constitutional practice, but also experienced practitioners. It is effectively an indispensable manual for the practice of all branches of law.’Anton Katz SC
Foreword - Deputy Chief Justice Dikgang Moseneke
Foreword - Gilbert Marcus SC
About the authors
Table of cases
Applications for leave to appeal to the Constitutional Court and procedure on appeal
Approaching the Constitutional Court directly
Special or interlocutory proceedings
Hearings in the Constitutional Court
Appendices- Rules of the Constitutional Court- Constitutional Court Practice Directions- Rules of various courts governing amici curiae