Social Norms and Constitutional Transformation: Tracing the Decline of the Application Distinction in South Africa

Abstract

This Article will argue, through a detailed chronological study of South African case law, that the application debates, which have taken the outward form of disputes over the choice between direct and indirect horizontal application and exactly how to understand the difference, amount to very little in the end.

Keywords

Constitutions -- South Africa, Law reform -- South Africa, Apartheid, Common law, Customary law -- South Africa, Islamic marriage customs, Judicial discretion, Same-sex marriage

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Authors

Ziona Tanzer (University of Michigan Law School)

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