Penn State International Law Review


Henk Botha

First Paragraph

The jurisprudence of South Africa's Constitutional Court is often held up as a model-or a rather extreme example-of the role judges can play in facilitating a global constitutional dialogue. Whether the Court has, in a given case, followed what it took to be an evolving transnational consensus, modelled its jurisprudence on foreign law, or distinguished the position in South Africa from that in foreign jurisdictions, comparative law has played a fundamental-and openly acknowledged-role in the development of its jurisprudence.'