• Beyond sexual binaries? the German Federal Constitutional Court and the rights of intersex people 

      Botha, Henk (North-West University, Faculty of Law, 2018)
      In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. ...
    • Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society 

      Botha, Henk (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. ...
    • Human dignity in comparative perspective 

      Botha, Henk (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 ...
    • Representing the poor: Law, poverty and democracy 

      Botha, Henk (JUTA, 2011)
      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 ...
    • Rethinking the right to vote 

      Botha, Henk (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 

      Botha, Henk (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 ...