About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most