The "Friendly but Cautious" Reception of International Law in the Jurisprudence of the South African Constitutional Court: Some Critical Remarks
As the title indicates, the purpose of this Article is to reflect on the manner in which the South African Constitutional Court has dealt with the application of international law during its first decade. It attempts to add a critical note to the overwhelmingly positive attention the Court has thus far received internationally. There is no doubt that the inspiration that the Court has thus far drawn from international (human rights) law is impressive, and in many ways exemplary. Nonetheless, there is still room for improvement, as the subsequent analysis reveals. In analyzing the Court's methodology, this article does not attempt to cover all the jurisprudence of the Court. Instead, it focuses on a number of selected decisions in different areas of law, which can be regarded as representative of the manner in which the Court has treated international law over the past decade.
Erika de Wet,
The "Friendly but Cautious" Reception of International Law in the Jurisprudence of the South African Constitutional Court: Some Critical Remarks,
28 Fordham Int'l L.J. 1529
Available at: https://ir.lawnet.fordham.edu/ilj/vol28/iss6/1