Assessment of the Impact of the Decisions of the Constitutional Court and the Supreme Court of Appeal

STATUS: Completed
PROJECT LEADER:Bohler, N (Prof. Narnia)
OTHER TEAM MEMBERS: Govender, K (Ms Koshen), Magidimisha, H.H. (Ms Hope), Dumisa, S.B. (Ms Sihle), Dipholo, MD (Mr Mojalefa), Kanyane, MH (Prof. Barwa), Barolsky, VE (Dr Vanessa), Sausi, K (Dr K), Kruyshaar, N (Ms Nicola), Majozi, N (Mr Mabutho), Bolton, H (Ms Hermien), Wentzel, ME (Ms Marie), Viljoen, JH (Mr Johan), Pienaar, GD (Adv Gary), Seabe, D.S. (Ms Dineo), Hagg, G (Dr Gerard)
DEPARTMENT RESPONSIBLE: Developmental, Capable and Ethical State (DCES)
RESEARCH OUTPUTS: Crime, good neigbours and quality of life, Killing Ubuntu?: the association between fear of crime and social cohesion in South Africa, Constitutional court statistics for the 2013 term, Constitutional court statistics for the 2011 term, The Constitutional Justice Project: assessment of the impact of decisions of the constitutional court and supreme court of appeal on the transformation of society, Constitutional court statistics for the 2012 term, Constitutional justice project: assessment of the impact of decisions of the constitutional court and the supreme court of appeal on the transformation of society: final report, Assessment of the impact of decisions of the constitutional court and supreme court of appeal on the transformation of society: concept report, Constitutional court statistics for the 2009 term, Poverty in SA: an analysis of the framework and statistics
DATASETS: View Datasets

Abstract

The overall aim of the research project is to assess the impact of the two highest courts, the Constitutional Court and the Supreme Court of Appeal on the lived experiences of all South Africans, particularly in respect of the adjudication and implementation of socio-economic rights within the context of a capable and developmental state, and pertinent issues relating to access to Justice with a view to addressing inequality and the eradication of poverty. The study has been structured into four themes: Theme 1 consists of a comprehensive legal analysis of the decisions of the CC and SCA since 1994. Theme 2, building on the first theme, analyses the implementation of court decisions, following the trajectory of landmark CC and SCA cases from the beginning of the litigation, through the court decision and further to actual implementation and the assessment of the success or failure of implementation. Theme 3 deals specifically with issues related to direct access to the Constitutional Court; and Theme 4 comprises of an integrated investigation into access to the courts, particularly costs of litigation and speed of finalisation of cases.

The Human Sciences Research Council

Contact Us

134 Pretorius Street
Pretoria
South Africa 
0002

Tel: +27 (0)12 302 2000
Fax: +27 (0)12 302 2001

© 2024 The Human Sciences Research Council (HSRC). All rights reserved.