Influential Constitutional Justice: its influence on
and on developing a global human rights jurisprudence
World Conference on Constitutional Justice
Cape Town, 23 – 24 January 2009
the Constitutional Court of South Africa
Lists of sub-topics which could be discussed
The influence of constitutional justice on
Have there been cases where a judgment of your
Court / Council (hereinafter Court) has made a major impact on society? Please
What was the reaction of political actors, the
media, and the public in general to these judgments? Has there been pressure on
Does your Constitution contain social and
economic rights and if so how does your Court apply them?
Does your Court consider the impact its judgments
Has your Court tried to limit the effects of its
judgments on society when they might be too serious?
Do you think that some judgments of your Court
shape society or rather do they follow existing developments in society?
Are there any obstacles to guaranteeing the
supremacy of the Constitution / rule of law in your country?
The development of a global human rights
Does your Court refer in its judgments to
international (including regional) human rights instruments?
Are such instruments binding for your Court,
i.e. are they applied as a standard of control alongside with your Constitution?
Does your Court refer to the case-law of
international courts when interpreting international human rights instruments?
Is there a global / regional human rights
jurisprudence because of the influence of the Universal Declaration on Human
Rights and other international instruments?
Does your Court research into foreign case-law? How
is this research done, how are the cases selected?
Does your Court refer to foreign case-law in its
judgments? If so, how are such references being perceived? Is there a
discussion about such references in your country?
Do you think that the case-law - at least of some
- constitutional courts and equivalent bodies shows a tendency to converge?