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Record W7126242126 · doi:10.64449/9781997468912

Landmark Constitutional Cases that Changed South Africa: Volume 2

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

fundA Canadian funder is recorded on the work.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueUJ Press eBooks · 2025
Typebook
Language
FieldSocial Sciences
TopicLegal Issues in South Africa
Canadian institutionsnot available
FundersDalhousie UniversityNational Research FoundationUniversidade do MinhoUniversity of Pittsburgh
KeywordsJurisprudenceConstitutional lawLegislationConstitutionConstitutional courtConstitutional reviewHigh CourtCommon lawBill of rightsHuman rights

Abstract

fetched live from OpenAlex

This second volume of landmark constitutional cases builds on the success of Volume 1 by analysing ten additional transformative judgments that have shaped South Africa’s constitutional landscape. The book demonstrates how the Constitutional Court has progressively developed fundamental rights jurisprudence through cases addressing corporal punishment of minors, state accountability for gender-based violence, tax collection powers, strike violence, religious freedom, parental rights of unmarried fathers, Muslim marriages, language rights in education, affirmative action, and electoral reform. South Africa’s 1996 Constitution represented a dramatic break from the country’s apartheid past, establishing a robust Bill of Rights and empowering the Constitutional Court to enforce these rights. Since then, the Court has delivered numerous landmark judgments that have transformed various areas of law and society. While Volume 1 examined foundational cases establishing core constitutional principles, this second volume explores how these principles have been applied and developed in specific domains affecting everyday South Africans. The book aims to provide accessible and comprehensive analyses of complex constitutional jurisprudence for legal practitioners, academics, students, and the public. Each chapter examines a significant judgment by explaining its factual and legal context, identifying its most important constitutional contributions, and tracing its impact on subsequent legislation and jurisprudence. The chapters share a common structure but cover diverse subjects, offering a holistic view of South Africa’s evolving constitutional democracy. This volume makes a distinctive intellectual contribution by moving beyond traditional case commentaries to trace the evolution of South African constitutional law across multiple domains. It highlights how constitutional principles established in early cases have been refined and applied in subsequent judgments and legislation, demonstrating the living nature of the Constitution. The book also reveals patterns in the Court’s jurisprudential approach, particularly its commitment to substantive equality, transformative constitutionalism, and the protection of vulnerable groups. A key feature of the work is its accessibility to non-legal readers while maintaining rigorous legal analysis. The authors have structured each chapter to be standalone yet interconnected with others, allowing readers to understand individual cases while perceiving broader jurisprudential developments. By covering cases from diverse areas of law, the book offers a unique perspective on how constitutional principles transcend traditional legal boundaries to create a coherent rights-based legal system. The book will fill a significant gap in the literature by providing a comprehensive yet accessible analysis of how South Africa’s constitutional jurisprudence has evolved beyond its foundational cases to address contemporary challenges. It will serve as an invaluable resource for understanding the practical impact of constitutional rights on South African society and the ongoing project of transformative constitutionalism.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies, Research integrity, Insufficient payload (model declined to judge)
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.877
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0000.000
Science and technology studies0.0020.010
Scholarly communication0.0010.000
Open science0.0020.001
Research integrity0.0020.002
Insufficient payload (model declined to judge)0.0020.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.089
GPT teacher head0.300
Teacher spread0.211 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it