The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly
Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During ...
Role of the Judiciary
Learning Lessons from Litigators: Formulating Remedial Relief
Remedial strategy is an important aspect of any broader litigation strategy. An important aspect of strategic ...
Learning Lessons from Litigators: Party Interaction
Remedial strategy should be developed at the early stages of preparing for litigation, as the desired remedial ...
Learning Lessons from Litigators: Implementation and Follow-Up
The kind of remedial relief sought might differ on the basis of whether the government has failed to realise the ...
Learning Lessons from Litigators: Dealing with Non-Compliance
What if it becomes clear that the government or private provider of education is failing to comply with the ...
Learning Lessons from Litigators: Timing the Litigation
In realizing a right to education, lawyers need to move beyond the nuts and bolts of the law and consider these ...
Learning Lessons from Litigators: The Role of the Client
It is always tempting to focus on the public interest aspects of the claim but it is crucial not to lose sight of ...
Learning Lessons from Litigators: Framing the Litigation
Lawyers must make numerous decisions throughout the litigation—both legal and non-legal. This can raise a ...
Learning Lessons from Litigators: Innovative Strategies
The unique nature of public interest lawyering—using court process to prompt transformative change—requires ...
Learning Lessons from Litigators: Building Support for Litigation
Public interest lawyering is not confined to the four walls of the court room. Lawyers do not only need to master ...
The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond
Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted ...
The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”
In 2009, the High Court of Delhi decriminalized same-sex relations between consenting adults in India, holding ...
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