Project
Euthanasia and Physician assisted suicide (PAS) from a regulatory perspective
This research proposal focuses on the regulation of euthanasia and physician-assisted suicide (PAS), adopting an interdisciplinary approach that combines legal—i.e., constitutional and criminal—analysis with empirical insights from the field of public governance and regulatory governance.
Project
Jurisprudence of the SA constitutional court – a comparative study
The project will analyse three factors in play: a national project of post-colonial recovery from distributive injustice, prominently including land reform; express constitutional protection for property rights; and a constitution whose other main features bring it recognisably within the broad historical tradition of liberal constitutionalism.
Project
Balancing social welfare and private maintenance: the alleviation of poverty in South Africa
South African (family) lawyers continue to focus on the private maintenance obligation as the primary instrument for alleviating poverty.
Project
Measuring the legal protection of academic freedom: The scorecard for South Africa
Beiter, K. D., & Karran, T. 2025. Measuring the legal protection of academic freedom: The scorecard for South Africa. South African Jour...
Project
Environmental degradation, economic development, and gender: A comparative analysis
The project has as its goal to advance a comparative law analysis between Colombia and South Africa in terms of legal interventions to counteract or prevent environmental destruction and its particular gendered effects.
Publication
When is discrimination unfair? A relational reconstruction of the constitutional court’s dignity-based approach
Meyerson, Denise. 2024. When is discrimination unfair? A relational reconstruction of the constitutional court’s dignity-based approach. The...
Publication
Constitutional Identity and Constitutionalism in Africa
Fombad, Charles M. and Nico Steytler. (Eds.). 2024. Constitutional Identity and Constitutionalism in Africa. Oxford University Press. https:...
Publication
Constitutionalism and the Economy in Africa
Fombad, Charles M. and Nico Steytler. (Eds.). 2022. Constitutionalism and the Economy in Africa. Oxford University Press. https://doi.org/10...
Publication
Constitutional Protection of Natural Resources in Tanzania: Examining Principles, Paucity and Conundrums
Laltaika, Elifuraha. 2021. Constitutional Protection of Natural Resources in Tanzania: Examining Principles, Paucity and Conundrums. TUMA La...
Project
Relational Egalitarianism and the Equality Jurisprudence of the Constitutional Court of South Africa
Equality is both a foundational value of the Constitution of South Africa and a protected right.
Publication
Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide
Heymann, Jody, Aleta Sprague and Amy Raub. 2020. Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide. University o...
Publication
Democracy, Elections, and Constitutionalism in Africa
Fombad, Charles M. and Nico Steytler. (Eds.) 2021. Democracy, Elections, and Constitutionalism in Africa. Oxford University Press. https://g...
Publication
Corruption and Constitutionalism in Africa
Fombad, Charles and Nico Steytler. (Eds.). 2020. Corruption and Constitutionalism in Africa. Oxford University Press. https://global.oup.com...
Project
Federalism in Africa in Comparative Perspective
Federalism is arguably one of the less explored subjects in African political studies.
Publication
Decentralization and Constitutionalism in Africa
Fombad, Charles M. and Nico Steytler. (Eds.). 2019. Decentralization and Constitutionalism in Africa. Oxford University Press . https://glob...
Publication
Fruit from a poisoned tree
Antony Altbeker. 2010. Fruit from a poisoned tree. Johannesburg: Jonathan Ball Publishers SA. 320 pp
Publication
Negotiating Social Change in the Shadow of the Law
Bob Hepple. 2012. Negotiating Social Change in the Shadow of the Law. Stellenbosch Law Review, 23 (2), pp 248–273
Publication
Liberal Constitutionalism, property Rights, and the Assault on poverty
Frank I Michelman. 2012. Liberal Constitutionalism, property Rights, and the Assault on poverty. Stellenbosch Law Review, 22 (3), pp 706–723
Publication
The Politics of Principle
Theunis Roux. 2013. The Politics of Principle. The First South African Constitutional Court, 1995 – 2005. Cambridge University Press, 433 + ...
Publication
The case of Government of the Republic of Zimbabwe v Louis Karel Fick and Others: a first step towards developing a doctrine on the status of international judgments within the domestic legal order
Erika de Wet. 2014. The case of Government of the Republic of Zimbabwe v Louis Karel Fick and Others: a first step towards developing a doct...
Publication
Debating love, human rights and identity politics in East Africa: The case of Uganda and Kenya
Oloka-Onyango, Joe. 2015. Debating love, human rights and identity politics in East Africa: The case of Uganda and Kenya. African Human Righ...
Publication
Battling over Human Rights: Twenty Essays on Law, Politics and Governance
Oloka-Onyango, Joe. 2015. Battling over Human Rights: Twenty Essays on Law, Politics and Governance. Bamenda: Langaa RPCIG. http://langaa-rp...
Publication
The Reception of International Law in the South African Legal Order: An Introduction
De Wet, Erika. 2015. The Reception of International Law in the South African Legal Order: An Introduction. In The Implementation of Internat...
Publication
Separation of Powers in African Constitutionalism
Fombad, Charles M, ed. 2016. Separation of Powers in African Constitutionalism. Oxford: Oxford University Press. http://ndl.ethernet.edu.et/...
Publication
Difficult Relations between Constitutional Courts and Supreme Courts: The Case of Belgium
Bossuyt, Marc. 2016. Difficult Relations between Constitutional Courts and Supreme Courts: The Case of Belgium. Pp. 213–25 in Estudos em Hom...
Publication
Constitutional Adjudication in Africa
Fombad, Charles M. 2017. Constitutional Adjudication in Africa. Oxford University Press. https://global.oup.com/academic/product/constitutio...
Publication
Decentralization and Constitutionalism in Africa
Fombad, Charles M. 2017. Decentralization and Constitutionalism in Africa. Volume 3 in the Oxford series Stellenbosch Handbooks in African C...
Publication
The Constitutional Court of South Africa and Affirmative Action
Bossuyt, Marc. 2017. The Constitutional Court of South Africa and Affirmative Action. In la [CVDW]. Liber Amicoorum Chris Van den Wyngaert. ...
Publication
The promise of “well-being” in Section 24 of the Constitution of South Africa
Du Plessis, Anél. 2018. The promise of “well-being” in Section 24 of the Constitution of South Africa. South African Journal on Human Rights...
Publication
Why Multi-Ethnic Belgium’s Constitutional Court Keeps Mum: The Constitutionalization of Ethnicity
Erk, Jan. 2018. Why Multi-Ethnic Belgium’s Constitutional Court Keeps Mum: The Constitutionalization of Ethnicity, Judicial Review, and “Pas...
Project
Compensation Through Expropriation without Compensation? Land Reform and the Future of Redistributive Justice in South Africa
The decision by the South African Parliament in February 2018 to review the constitutional property clause possibly allowing for expropriation without compensation has fervently brought the land question back into public debate.
Project
Democratic Governance, Corruption, and Corruption Control Mechanisms in Africa: A Comparative Study
The 1990s were the starting point in the wave of new multiparty democracies in Africa.
Project
Three Paths to Constitutionalism
There are three paths to constitutionalism in the modern world.
Project
South Africa and the emergence of international human rights
Time at STIAS will be devoted to the final updating and revision of a syllabus entitled The International Protection of Human Rights: A Critical Approach, which was used in 2015 at the College of Law of the National University of Taiwan in Taipei, to be published as a book in 2016 by Intersentia (Antwerp, Cambridge, Portland).
Project
African Constitutionalism: Comparative Perspectives (2)
The main project that I have engaged in at STIAS since 2013 falls under the general theme, African Constitutionalism: Comparative Perspectives.
Project
Understanding Southern welfare – social policies in Brazil, India, China and South Africa
A mid-term research programme focusing on the ideational foundations of social policies beyond traditional Northern welfare will be fleshed out.
Project
Exploring interpretations of the constitution and the bible as “sacred texts” in constructing (un)equal gendered environments
Culture, religion, gender, ethnicity, race and history influence processes of identity formation and social relationships.
Project
From Limited Government to Social Justice and Development: Progressive Constitutionalism in the Era of Globalisation
While Southern countries have largely failed to bring about a new international economic order, they have been more successful in shaping the international agenda in the field of human rights, from the Convention for the Elimination of all Forms of Racial Discrimination to the Covenant on Economic, Social and Cultural Rights and its recent Protocol.
Project
Constitutional protection of economic and social rights in South Africa
This proposal forms part of a larger project on economic and social rights in general, and the right to housing in particular.