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1 Const. Ct. Rev. 1 (2008)

handle is hein.journals/conrev1 and id is 1 raw text is: Charity is forced on us; whether we like it or not, if we want to understand others, we must count them right in most matters. 1 Introduction To hear Stu Woolman tell it, disturbing lapses and weaknesses - an apparent 'lack of analytical rigour' suggesting what could be a 'penchant for outcome-based decision-making' - have been showing up recently in the work of a Constitutional Court whose prior record of performance has deservedly garnered widespread applause.2 Woolman cites as evidence three decisions from the Court's work in the year 2007: Barkhuizen, Masiya, and NM, and suggests that his reactions to these decisions are widely shared among South Africa's well-informed Court-followers.6 He makes a worthy, illuminating, formidable case, one that the Court would do well to consult and ponder. * I am indebted to Stu Woolman, and to two anonymous referees, for exceptionally helpful, trenchant comments. I hope that what follows shows the benefit of their efforts, even if I remain incorrigible on some points of difference. Robert Walmsley University Professor, Harvard University. D Davidson Inquiries into truth and interpretation (1984) 197 (Davidson Truth). 2 S Woolman 'The amazing, vanishing Bill of Rights' (2007) 123 South African Law Journal 762 (Woolman 'Amazing'). Barkhuizen v Napier 2007 7 BCLR 691 (CC). 4 Masiya v Director of Public Prosecutions 2007 5 SA 30 (CC); 2007 8 BCLR 927 (CC) ('Masiya'). 5 NM v Smith 2007 5 SA 250 (CC); 2007 7 BCLR 751 (CC) ('NM'). 6 Woolman 'Amazing' (n 2 above) 762 ('chattering classes'). 1

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