The United States Supreme Court’s case selection: A primer for the South African Constitutional Court in hearing matters of general public importance

Author: Paul Nkoane

ISSN: 2521-2605
Affiliations: BCom, LLB (UNISA), LLM (UCT) Lecturer: University of South Africa (UNISA)
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 149 – 174
https://doi.org/10.47348/JCLA/v8/i2a6

Abstract

The jurisdiction of the South African Constitutional Court has been extended for the court to administer ‘matters of general public importance’ in addition to administering constitutional matters. There is no South African court that accepted appeals on the grounds that the matter raised an arguable point of law of general public importance. This novelty in the South African law requires an inspection of other jurisdictions to determine which matters the Constitutional Court should accept for appeals. In this respect, the article inspects the Supreme Court of the United States case docket to determine the kinds of cases the court accepts for appeals.