Two weeks ago, the South African Constitutional Court legalized marijuana use under certain circumstances. Apart from its immediate impact, this ruling may signal shifts in the Court’s institutional self-conception.
Today, the South African Constitutional Court may have the last word on a case concerning South Africa's suspension of the Southern African Development Community Tribunal. On 1 March 2018, the South African High Court found that this foreign policy decision violated substantive human rights. Even though it is easy to criticize the judgment for its scarce reasoning, the decision entails intriguing ideas for building a more principled foreign relations law in the South African context.
Domestic legal challenges to the South Africa government’s decision to withdraw from the ICC are underway, and while the first instalment has a distinctly Brexit flavor, it also foreshadows more substantive constitutional arguments to come.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters