Edited and co-authored books

National and International Perspectives on Social Rights (Ant. N. Sakkoulas/Bruylant, 2008) [co-editor with Julia Iliopoulos Strangas]

Constitutional Law of South Africa 2nd ed (Juta & Co., 2004-2008) [co-editor with Stuart Woolman, Jonathan Klaaren, Matthew Chaskalson, Anthony Stein and Michael Bishop]

Constitutional Law of South Africa: Student Edition (Juta & Co., 2007) [co-editor with Stuart Woolman and Michael Bishop]

Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor? (Ashgate, 2006) [co-editor with Roberto Gargarella and Pilar Domingo]

Juta’s New Land Law (Juta & Co., Original Service, 1998) [co-author with Geoff Budlender and Johan Latsky]

Regional Fiscal Equalisation in a Future South Africa: Papers Emerging from the Seminar on Regional Equalisation (Institute of Development Law, University of Cape Town, 1993) [sole editor]

Chapters in books

‘The Constitutional Value System and Social Values in South Africa’ in András Sajó & Renáta Uitz (eds) Constitutional Axiology or Is There Anything Behind/Above the Constitution? (Eleven International Publishing, forthcoming 2009) [sole author]

‘Tactical Adjudication: How the Constitutional Court Survived its First Decade’ in Catherine Jenkins, Karthy Govender and Max du Plessis (eds) Law, Nation-building and Transformation (Human Sciences Research Council Press, forthcoming 2009) [sole author]

‘A Baedeker to Constitutional Law of South Africa’ in Stuart Woolman et al Constitutional Law of South Africa 2 ed (Juta & Co, forthcoming, 2008) [co-author with Stuart Woolman and Michael Bishop]

‘Land Restitution and Reconciliation in South Africa’ in Antje du Bois-Pedain and Francois du Bois (eds) Justice and Reconciliation in South Africa (Cambridge University Press, 2008) 144-171 [sole author]

‘The Principle of Democracy in South African Constitutional Law’ in Stuart Woolman and Michael Bishop (eds) Constitutional Conversations (Pretoria University Law Press, 2008) 79-96 [sole author]

‘The Arbitrary Deprivation Vortex: Constitutional Property Law after FNB’ in Stuart Woolman and Michael Bishop (eds) Constitutional Conversations (Pretoria University Law Press, 2008) 265-281 [sole author]

‘The Record of the South African Constitutional Court in Providing an Institutional Voice for the Poor: 1995-2004’ in Roberto Gargarella, Pilar Domingo and Theunis Roux (eds) Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor? 107-125 (Dartmouth: Ashgate, 2006) [co-author with Jackie Dugard]

‘Courts, Rights and Social Transformation: Concluding Reflections’ in Roberto Gargarella, Pilar Domingo and Theunis Roux (eds) Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor? 107-125 (Dartmouth: Ashgate, 2006) [co-author with Roberto Gargarella and Pilar Domingo]

‘Democracy’ in Stuart Woolman et al Constitutional Law of South Africa 2 ed (Juta & Co, Original Service, 2006) [sole author]

‘Southern Africa Regional Overview’ in Marjolein Benschop (ed) Land Tenure, Housing Rights and Gender in Mozambique (UN Habitat, 2005) [co-author with Stephen Berrisford]

‘Co-operative Government’ in Stuart Woolman et al Constitutional Law of South Africa 2 ed (Juta & Co, Original Service, 2005) [co-author with Stuart Woolman and Bernard Bekink]

‘Property’ in Stuart Woolman et al Constitutional Law of South Africa 2 ed (Juta & Co, Original Service, 2004) 46—1-37 [sole author]

‘Property’ in MH Cheadle, DM Davis and NRL Haysom (eds) South African Constitutional Law: The Bill of Rights (Butterworths, 2002) 429-72 [sole author]

‘The Extension of Security of Tenure Act’ in Geoff Budlender, Johan Latsky and Theunis Roux Juta’s New Land Law (Juta & Co., Service 2, 2000) Chapter 7A 1-61 [sole author]

‘The Restitution of Land Rights Act’ in Geoff Budlender, Johan Latsky and Theunis Roux Juta’s New Land Law (Juta & Co., Original Service, 1998) Chapter 3A 1-48 [sole author]

‘Property’ in Dennis Davis, Halton Cheadle and Nicholas Haysom (eds) Fundamental Rights in the Constitution: Commentary and Cases (Juta & Co., 1997) 237-53 [sole author]

‘Giving Back the Country: South Africa’s Restitution of Land Rights Act, 1994 in Context’ in Medard Rwelamira and Gerhard Werle (eds) Confronting Past Injustices: Approaches to Amnesty, Punishment, Reparation and Restitution in South Africa and Germany (Butterworths, 1996) 89-111 [co-author with Daniel Visser]

Refereed journal articles

‘Transformative Constitutionalism and the Best Interpretation of the South African Constitution: Distinction without a Difference?’ (2009) 20 Stellenbosch Law Review (forthcoming) [sole author]

‘Principle and Pragmatism on the Constitutional Court of South Africa’ (2009) 7 International Journal of Constitutional Law 106-138 [sole author]

‘The Dignity of Comparative Constitutional Law’ 2008 Acta Juridica 185-203 [sole author]

‘Continuity and Change in a Transforming Legal Order: The Impact of Section 26(3) of the Constitution on South African Law (2004) 121 South African Law Journal 466-92 [sole author]

‘Pro-Poor Court, Anti-Poor Outcomes: Explaining the Performance of the South African Land Claims Court’ (2004) 20 South African Journal on Human Rights 511-543 [sole author]

‘Legitimating Transformation: Political Resource Allocation in the South African Constitutional Court’ (2003) 10 Democratization 92-111 [sole author]

‘Understanding Grootboom – A Response to Cass R. Sunstein’ (2002) 12 Constitutional Forum 41-51 [sole author]

‘Constitutional Protection of Property and Land Reform’ in Annual Survey of South African Law 2000 (Juta & Co., 2002) 406-34 [sole author]

‘Constitutional Protection of Property and Land Reform’ in Annual Survey of South African Law 1999 (Juta & Co., 2001) 318-46 [sole author]

‘Constitutional Protection of Property and Land Reform’ in Annual Survey of South African Law 1998 (Juta & Co., 2000) 337-65 [sole author]

‘Constitutional Protection of Property and Land Reform’ in Annual Survey of South African Law 1997 (Cape Town: Juta & Co., 1999) 332-55 [sole author]

‘Constitutional Property Rights Review in Southern Africa: The Record of the Zimbabwe Supreme Court’ (1996) 8 African Journal of International and Comparative Law 755-88 [sole author]

Published conference proceedings

‘Constitutional Review of Social Reform Legislation in South Africa: A “Civil Society” Model’ The African Society of International and Comparative Law Proceedings of the Seventh Annual Conference, Johannesburg, 21-24 August 1995 (1995) 419-52 [sole author]

Case notes

‘Turning a Deaf Ear: The Right to be Heard by the Constitutional Court: The Transvaal Agricultural Union v The Minister of Land Affairs’ (1997) 13 South African Journal on Human Rights 217-27 [sole author]

‘Balancing Competing Property Interests: Diepsloot Landowners and Residents’ Association v Administrator, Transvaal’ (1993) 9 South African Journal on Human Rights 539-48 [sole author]

Book reviews

‘AJ van der Walt Constitutional Property Law’ (2007) 18 Stellenbosch Law Review 207-208 [sole author]

‘Robert McCorquodale (ed) Human Rights and Tom Campbell and Adrienne Stone (eds) Law and Democracy’ (2004) 20 South African Journal on Human Rights 165-69 [sole author]

‘Ann and Robert B Seidman State and Law in the Development Process: A South African Response’ (1999) 15 South African Journal on Human Rights 98-104 [sole author]

‘Charles R. Epp The Rights Revolution’ (1999) 15 South African Journal on Human Rights 264-68 [sole author]

‘The Guru’s Dilemma: AJ van der Walt The Constitutional Property Clause’ (1998) 14 South African Journal on Human Rights 478-85 [book review, sole author]

‘SBO Gutto Property and Land Reform: Constitutional and Jurisprudential Perspectives’ (1995) 11 South African Journal on Human Rights 651-57 [book review, sole author]

Research reports, discussion papers and submissions to government bodies

‘Application of Regulatory Impact Analysis Methods to Proposed Regulatory Interventions Relating to the Urban Land Market’ overview report prepared for Urban Landmark (April 2007) [primary author]

‘South Africa: Justice Sector and the Rule of Law’ discussion paper prepared for AfriMAP and the Open Society Foundation of South Africa (September 2005) [sole author]

‘Report on Options for RIA Implementation’ report prepared for Phase 3 of The Presidency and the Department of Trade and Industry Investigation of the Possibilities for Regulatory Impact Analysis in South Africa (August 2005) [primary author]

‘The Constitutional Framework and the Deepening of Democracy in South Africa’ paper prepared for the Open Society Institute Africa Governance Monitoring and Advocacy Project (June 2005) (published in Centre for Policy Studies Policy: Issues and Actors Vol. 18 No. 6 (October 2005)

‘Adapting RIA to South African Conditions’ Issue Paper prepared for Phase 1 of The Presidency and the Department of Trade and Industry Investigation of the Possibilities for Regulatory Impact Analysis in South Africa (February 2005) [sole author]

‘Background Report 2: Review of National Legislation Relevant to Informal Settlement Upgrading’ research paper commissioned by the national Department of Housing (August 2004) [sole author]

‘Comment on the Communal Land Rights Bill’ (November 2003) submission to the Portfolio Committee on Land Affairs [co-author with Cathi Albertyn, Likhapha Mbatha and Michael Nefale]

‘Gauteng Statute Law Revision Project: Final report’ research report prepared for the Office of the Premier, Gauteng (June 2003) [co-author with Ross Kriel]

‘Comment on the Report to the Minister on the Financing, Resourcing and Costs of Education in Public Schools’ submission to the Department of Education (May 2003) [co-author with Stuart Wilson, Philip Trotter and Faranaaz Veriava]

‘Comment on the Department of Minerals and Energy Electricity Distribution Industry Restructuring Bill’ submission to the Department of Minerals and Energy (May 2003) [co-author with Michael Nefale]

‘Submission to the Minister of Agriculture and Land Affairs on Possible Regulatory Strategies Aimed at Conferring Independent Tenure Rights on ESTA Occupiers’ research report prepared for the Department of Land Affairs, Directorate: Tenure Reform Implementation Systems (November 2002) [primary author]

‘Revision of Legislation Affecting Local Government’ research report prepared for the Department of Provincial and Local Government (April 2002) [secondary author with Ross Kriel]

‘Regulation Review: Notes Towards an Appropriate South African Model’ research paper commissioned by the German Agency for Technical Co-operation (February 2002) [primary author with Jonathan Klaaren)

‘Feasibility and Implementation Study on the Revision of the Statute Book’ research report commissioned by the SA Law Commission and German Agency for Technical Co-operation (April 2001) [primary author with Bongani Diako, Mzi Memeza and Anthony Stein]

‘Legal Policy Analysis of Judgments Handed Down Under the Extension of Security of Tenure Act’ research report prepared for the Department of Land Affairs: Land Rights Directorate (November 1999) [sole author]

‘Options for Amending the Land Reform (Labour Tenants) Act’ research report prepared for the Department of Land Affairs: Land Rights Directorate (June 1999) [sole author]

‘Constitutional Review of Social Reform Legislation in South Africa: A Civil Society Model’ submission to the Constitutional Assembly National Public Sector Hearing on Socio-Economic Rights (August 1995) [sole author]

‘A Land Claims Process and Alternative Forms of Adjudication’ paper commissioned by the World Bank for inclusion in its report on Options for Land Reform and Rural Restructuring in South Africa (November 1993) [sole author]

Newspaper articles and op-ed pieces

“Land Reform and the Rule of Law” Business Day (18 April 2000) [co-author with Shadrack Gutto]

“Restitution: Good News for Some” Mail & Guardian (November 2000) [co-author with Bongani Diako]

“Legal Fact and Fiction” Financial Mail (21 January 2005) [sole author]

“Deliberate, Don’t Litigate” Mail & Guardian (March 2006) [sole author]

“Alarmist Claims about Land Bill Ignore the Facts’ Business Day (April 2008) [sole author]

Select conference and seminar presentations

‘The Strategic Pursuit of Principle’ presentation made at the University of the Witwatersrand Symposium in Honour of Edwin Cameron: Judges in the World, Johannesburg (October 2008)

‘Transformative Constitutionalism and the Best Interpretation of the South African Constitution: Distinction without a Difference?’ paper presented at the University of Stellenbosch Conference on Transformative Constitutionalism after 10 Years, Stellenbosch (August 2008)

‘Morality, Law and Society: The Constitutional Value System and Social Values in South Africa’ paper presented at 16th Annual Conference on ‘The Individual vs. the State’, Central European University, Budapest (June 2008)

‘International Law and the South African Constitution’ presentation made at Second Andorra constitutional colloquium on International Law and National Constitutions in the Jurisprudence of Constitutional Courts, Andorra (May 2008)

‘Comparative Constitutional Law: An African Perspective’ presentation made at the Development Partnerships in Higher Education seminar on Accountability and Constitutional Implementation on the African Continent, University of Cape Town (March 2008)

‘Principle and Pragmatism on the Constitutional Court of South Africa’ paper presented at Durban Constitutional Law Interest Group Colloquium: A Review of Recent Developments in South African Constitutional Law, University of KwaZulu-Natal, Durban (March 2008)

‘Principle and Pragmatism on the Constitutional Court of South Africa’ paper presented at the Society of Teachers of Law of Southern Africa conference on Legal Harmonisation in Africa, University of Pretoria (January 2008)

‘Principle and Pragmatism on the Constitutional Court of South Africa’ paper presented at the International Association of Constitutional Law Roundtable conference on Writing and Reading Constitutions: In Commemoration of the 60th Anniversary of the Constitution of Japan, Yokohama (November 2007)

‘The Dignity of Comparative Constitutional Law’ paper presented at the University of Cape Town conference on Law, Dignity and Transformative Constitutionalism, Cape Town (July 2007)

‘Principle and Pragmatism on the Constitutional Court of South Africa’ paper presented at the VIIth International Association of Constitutional Law World Congress workshop on the Judicial Review of Politically Sensitive Questions, Athens (June 2007)

‘Tactical Adjudication: How the Constitutional Court Survived its First Decade’ paper presented at African Network of Constitutional Lawyers conference on Fostering Constitutionalism in Africa, Nairobi (April 2007)

‘Tactical Adjudication: How the Constitutional Court Survived its First Decade’ paper presented at the School of Oriental and African Studies/University of KwaZulu-Natal conference on Law, Nation-building and Transformation, Durban (February 2007)

‘Land Restitution and Reconciliation in South Africa’ paper presented at the School of Oriental and African Studies postgraduate student seminar series, London (November 2006)

‘Land Restitution and Reconciliation in South Africa’ paper presented at a special event on Transitional Justice in South Africa, Lauterpacht Centre of International Law, University of Cambridge (November 2006)

‘Baker v Carr in South Africa, or How Political Questions Become Legal Questions’ presentation made at the Institute of African Studies, University of Cape Town/Institute of African Studies, University of Florida conference on Law, Language and Politics in South Africa: The Impact of the Constitution, Cape Town (June 2006)

‘Conference Conclusions’, paper presented at the University of Cape Town/International Association of Constitutional Law Roundtable conference on Constitutionalism after Transition, Cape Town (April 2006)

‘Democracy’, paper presented at the University of Pretoria/Constitutional Law of South Africa/SAIFAC Public Lecture Series on South African Constitutional Law, Johannesburg (March 2006)

‘Property’ paper presented at University of Pretoria/Constitutional Law of South Africa/SAIFAC Public Lecture Series on South African Constitutional Law, Johannesburg (March 2006)

‘Does the Draft Constitution Fourteenth Amendment Bill Pose a Threat to our Democracy’ paper presented at the Open Society Foundation/Goedgedacht Forum Seminar on the Superior Courts Bill, Cape Town (February 2006)

‘Ubuntu as a Political Project’ paper presented at the Ubuntu Conference, Constitutional Court, Johannesburg (August 2005)

‘The Arbitrariness Vortex: Recent Developments in South African Property Law’ paper presented at the University of Reading, Centre for Property Law Fifth Biennial Conference, Special Session on Constitutional Property, Reading (March 2004)

‘Pro-poor Court, Anti-poor Outcomes: Explaining the Performance of the South African Land Claims Court’ paper presented at the Centre for Applied Legal Studies/Chr. Michelsen Institute workshop on Human Rights, Democracy and Social Transformation: When do Rights Work? Johannesburg (November 2003)

‘Continuity and Change in a Transforming Legal Order: The Impact of Section 26(3) of the Constitution on South African Law’ paper presented at the South African Law Journal Jubilee Conference, Johannesburg (October 2003)

‘The Human Right to Housing: Lessons from South Africa’ presentation made at the Norwegian Centre for Human Rights South Africa Programme Seminar Series, Oslo (September 2003)

‘Proposed Research Methodology for a Paper on the Impact of the Land Claims Court on Power Relations in the South African Countryside’ paper presented at Chr. Michelsen Institute Political Institutions in Africa Seminar Series, Bergen (September 2003)

‘Continuity and Change in a Transforming Legal Order: The Impact of Section 26(3) of the Constitution on South African Law’ paper presented to University of Bergen Law Faculty staff seminar, Bergen (September 2003)

‘The Arbitrariness Vortex: Constitutional Property Law after FNB’ paper presented at the University of Potchefstroom Law Faculty/National Human Rights Trust/FW de Klerk Foundation Conference on the Bill of Rights after Seven Years, Potchefstroom (July 2003)

‘The Arbitrariness Vortex: Constitutional Property Law after FNB’ paper presented to the Centre for Applied Legal Studies Humans Rights Day Seminar, Johannesburg (March 2003)

‘Legitimating Transformation: Political Resource Allocation in the South African Constitutional Court’ paper presented at a University of Bergen/Chr. Michelsen Institute workshop on The Accountability Function of Courts in New Democracies, Bergen (November 2002)

‘Legitimating Transformation: Political Resource Allocation in the South African Constitutional Court’ paper presented to the Public Law Discussion Group, Johannesburg (October 2002)

‘The Implications of the Constitutional Court’s Socio-economic Rights Jurisprudence for Litigating Access to Essential Services’ presentation made at the Municipal Services Project Conference on Public Services, Human Rights and the Law, Johannesburg (May 2002)

‘Something Less than Ownership: Extending Security of Tenure in Rural South Africa’ paper presented at the International Research Group on Law and Urban Space/Centre for Applied Legal Studies Workshop on Facing the Paradox: Redefining Property Rights in the Age of Privatisation and Liberalisation, Johannesburg (July 1999)

‘Reconciling Socio-Economic and Property Rights’ paper presented at the Congress of the Society of University Teachers of Law of Southern Africa, Pietersburg (July 1997)

‘The World Bank: Perspectives on Rural Development in South Africa’ paper presented at the Koördination Südliches Afrika Seminar on Land Reform and Rural Development in Southern Africa, Dortmund (December 1994)