Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-s2hrs Total loading time: 0 Render date: 2024-11-18T07:41:13.106Z Has data issue: false hasContentIssue false

16 - Lady Hale in the South African Courts

An Illustration of the Many Roles of Foreign Case Law in South African Jurisprudence

from Judicial Leadership

Published online by Cambridge University Press:  05 May 2022

Rosemary Hunter
Affiliation:
University of Kent, Canterbury
Erika Rackley
Affiliation:
University of Kent, Canterbury
Get access

Summary

It is an honour to contribute to this book celebrating Lady Hale’s remarkable contribution as a judge. That contribution has extended well beyond the United Kingdom and in this short chapter, written to pay a small tribute to her large contribution as a judge and scholar, I shall describe the reliance on her jurisprudence by South African courts, and use that reliance to assess the history of the use of foreign precedents by South African judges as part of the ongoing global conversations about the legitimacy of domestic courts’ use of foreign precedent in their judicial reasoning.

According to the online free-access law reporter SAFLII, Lady Hale has been mentioned sixteen times in South African courts – twice in the Constitutional Court, eight times in the Supreme Court of Appeal and six times in the High Courts or courts of equivalent jurisdiction. The citations have related to diverse areas of the law. Five of the cases in which she has been cited have concerned the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Type
Chapter
Information
Justice for Everyone
The Jurisprudence and Legal Lives of Brenda Hale
, pp. 169 - 176
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×