Now showing items 1-5 of 5
Rethinking the right to vote
(Juta Law Publishing, 2015-08)
South African constitutional scholars have been puzzling for some time over a basic tension in the Constitutional Court’s voting rights jurisprudence. While some of its judgments show a commitment to a vigorous defence and ...
The rights of foreigners : dignity, citizenship and the right to have rights
(Juta Law, 2013-01)
This article examines the rights of foreign nationals in view of Hannah Arendt's thesis that human rights amount to little when severed from the rights of members of a concrete political community. It considers three ...
Human dignity in comparative perspective
(Juta Law Publishing, 2009-02)
This article compares the role of human dignity in constitutional interpretation in Germany and South Africa. Both countries have embraced dignity as a direct response to a troubled and totalitarian past. Nowadays dignity ...
Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society
(Faculty of Law, University of the Western Cape, 2017)
In this article, I argue that the impoverished conception of freedom of assembly displayed in legislation and case law, and its neglect in academic literature, has to do with a set of dominant understandings of democracy. ...
Representing the poor: Law, poverty and democracy
ENGLISH ABSTRACT : The article juxtaposes two judicial understandings of democracy in relation to their implications for the poor. Some constitutional judgments conceive of democracy in formal terms as the capacity of duly ...