South Africa

Framing human dignity: visual jurisprudence at South Africa’s Constitutional Court

The Constitutional Court of South Africa is a unique space by international comparison because it houses a large visual art collection developed by and for the court. The purpose of this article is to look at the connections between human dignity and art at the Constitutional Court. Is the performance of dignity in the art collection a utopian ideal, achievable objective, or unrealised potential?

Realising rights here and now

A focus on utopia risks obscuring complexities in the process of realising human rights in time through institutions of governance. This article recounts judicial rituals by which judges delay the coming into effect of their conclusion that a law violates human rights. Here the more ‘radical’ approach involves insisting on rights’ enforcement now. The article also addresses a controversy around the moment when a right began to produce legal effects that bind governments.

Subscribe to RSS - South Africa