Professor Theunis Roux

BA (Hons) LLB (Cape Town) PhD (Cantab)

Professor of Law at the University of New South Wales.  Before relocating to Australia in January 2009, he was (for four years) the founding director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), an independent research centre based on Constitution Hill, Johannesburg.

His main research interest is in comparative constitutional law, focusing on the politics of judicial review in new democracies.  He is a former Secretary-General of the International Association of Constitutional Law, and co-editor of the major loose-leaf commentary on South African constitutional law, Stuart Woolman et al Constitutional Law of South Africa. In addition to his academic work, he has acted as a consultant to the South African government in the areas of land restitution, land tenure reform, and regulation impact analysis.



Profile Picture

Roux T, 2018, The Politico-Legal Dynamics of Judicial Review A Comparative Analysis, Cambridge University Press,

Gargarella R; Domingo P; Roux T, 2017, Courts and social transformation in new democracies: An institutional voice for the poor?,

Roux T, 2013, The Politics of Principle: The First South African Constitutional Court, 1995-2005, Cambridge University Press, UK,

Journal articles

Roux T, 2020, 'Response to Zim Nwokora and Mark Tushnet', Public Law Review, vol. 31, pp. 145 - 154,

Roux T, 2020, 'The Constitutional Court's 2018 Term: Lawfare or Window on the Struggle for Democratic Social Transformation?', Constitutional Court Review, vol. 10, pp. 1 - 42,

Roux T, 2019, 'A Normatively Inflected, Sociologically Aware Account of the Rule of Law', Hague Journal on the Rule of Law, vol. 11, pp. 295 - 299,

Roux T, 2019, 'Interdisciplinary Synergies in Comparative Research on Constitutional Judicial Decision-Making', Verfassung und Recht in Übersee, vol. 52, pp. 413 - 438,

Roux T, 2018, 'Indonesia's Judicial Review Regime in Comparative Perspective', Constitutional Review, vol. 4, pp. 131 - 164,

Roux T, 2017, 'Comparative constitutional studies: Two fields or one?', Annual Review of Law and Social Science, vol. 13, pp. 123 - 139,

Roux TR; Siregar F, 2016, 'Trajectories of Curial Power: The Rise, Fall and Partial Rehabilitation of the Indonesian Constitutional Court', Australian Journal of Asian Law, vol. 16, pp. 1 - 21

Roux T, 2016, 'Constitutional Courts as Democratic Consolidators: Insights from South Africa after 20 Years', Journal of Southern African Studies, vol. 42, pp. 5 - 18,

Roux TR, 2015, 'The Langa Court: Its Distinctive Character and Legacy', Acta Juridica, pp. 33 - 74

Roux T, 2015, 'American ideas abroad: Comparative implications of US Supreme Court decision-making models', International Journal of Constitutional Law, vol. 13, pp. 90 - 118,

Roux TR, 2015, 'The Incorporation Problem in Interdisciplinary Legal Research: Some Conceptual Issues and a Practical Illustration', Erasmus Law Review, vol. 8, pp. 55 - 64,

Roux TR, 2015, 'Reinterpreting 'the mason court revolution', Federal Law Review, vol. 43, pp. 1 - 25,;res=IELHSS;dn=236586966481096

Roux TR, 2014, 'The South African Constitutional Court's Democratic Rights Jurisprudence: A Response to Samuel Issacharoff', Constitutional Court Review, vol. 5, pp. 33 - 73,

Roux TR, 2014, 'Judging the Quality of Legal Research: A Qualified Response to the Demand for Greater Methodological Rigour', Legal Education Review, vol. 24, pp. 173 - 200,;dn=947272808964576;res=IELAPA

Book Chapters

Roux T, 2022, 'Comparative Public Law', in Daly P; Tomlinson J (ed.), Researching Public Law in Common Law Systems, Edward Elgar, United Kingdom

Roux T, 2021, 'Constitutional Populism in South Africa', in Krygier M; Sadurski W; Czarnota A (ed.), Constitutional Populism, Cambridge University Press, Cambridge, UK

Dixon R; Roux T, 2020, 'Marking Constitutional Transitions: The Law and Politics of Constitutional Implementation in South Africa', in Ginsburg T; Huq A (ed.), From Parchment to Practice: Challenges of Implementing New Constitutions, Cambridge University Press, New York, pp. 53 - 75,

Roux T, 2019, 'The Constitutional Court: A Levian Take on its Place in the Reformasi', in Crouch M (ed.), The Politics of Court Reform Judicial Change and Legal Culture in Indonesia, Cambridge University Press, pp. 245 - 264,

Roux T, 2018, 'In Defence of Empirical Entanglement: The Methodological Flaw in Waldron's Case against Judicial Review', in Levy R; Kong HL; Orr G; King J (ed.), , Cambridge University Press, Cambridge, United Kingdom, pp. 203 - 219,

Roux T; Dixon R, 2018, 'Introduction', in Dixon R; Roux T (ed.), Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Local and International Influence, Cambridge University Press, New York, United States, pp. 1 - 24,

Roux T, 2018, 'Losing Faith in Law's Autonomy: A Comparative Analysis', in Delaney EF; Dixon R (ed.), Comparative Judicial Review, Edward Elgar, Cheltenham, United Kingdom, pp. 204 - 225,

Roux T, 2014, 'Assessing the Social Transformation Performance of the South African Constitutional Court: From Totalitarianism to the Rule of Law', in Jenkins C; Du Plessis M (ed.), Law, Nation--Building & Transformation: The South African Experience in Perspective, edn. Series on Transitional Justice, Intersentia, Cambridge, pp. 223 - 240,

Roux T, 2004, 'Legitimating transformation: Political resource allocation in the South African constitutional court', in Democratization and the Judiciary: The Accountability Function of Courts in New Democracies, pp. 66 - 80,

Comparative constitutional law; interdisciplinary research in law and social science; Australian federal constitutional law; South African constitutional law; legal theory; property rights restitution and land reform.