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Dr Anashri Pillay's Outputs (19)

Economic and social rights, corruption and Covid-19: the Indian and South African experiences (2023)
Journal Article
Pillay, A. (in press). Economic and social rights, corruption and Covid-19: the Indian and South African experiences. National Law School of India Review,

India and South Africa have been at the forefront of debates about economic and social rights for many decades. Whilst the apex courts in these states have led the way in interpreting and handing down remedies stemming from these rights, vast social... Read More about Economic and social rights, corruption and Covid-19: the Indian and South African experiences.

Transformative constitutionalism in a neoliberal world: revisiting the global significance of the South African experience of economic and social rights adjudication. (2023)
Book Chapter
Pillay, A. Transformative constitutionalism in a neoliberal world: revisiting the global significance of the South African experience of economic and social rights adjudication. In R. Houghton, A. O’Donoghue, Y. Brunger, C. Weixia Chen, & D. Ngira (Eds.), Edward Elgar Research Handbook on Global Governance. Edward Elgar Publishing. Manuscript submitted for publication

Literature concerning comparative perspectives on international law tends to focus on the reception of international law into domestic legal systems. This chapter seeks to examine the intersection between comparative constitutional law and global gov... Read More about Transformative constitutionalism in a neoliberal world: revisiting the global significance of the South African experience of economic and social rights adjudication..

17. Government of the Republic of South Africa and Others v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC) Commentary: Aoife Nolan Judgment: Anashri Pillay (2017)
Book Chapter
Pillay, A. (2017). 17. Government of the Republic of South Africa and Others v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC) Commentary: Aoife Nolan Judgment: Anashri Pillay. In H. Stalford, K. Hollingsworth, & S. Gilmore (Eds.), Rewriting Children’s Rights Judgments: From Academic Vision to New Practice. Hart Publishing

Protecting judicial independence through appointments processes: learning from the Indian and South African experiences (2017)
Journal Article
Pillay, A. (2017). Protecting judicial independence through appointments processes: learning from the Indian and South African experiences. Indian Law Review, 1(3), 283-311. https://doi.org/10.1080/24730580.2018.1443692

In October 2015, by majority judgement, the Indian Supreme Court found the Constitutional (99th Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 to be unconstitutional. In a judgement that runs to over a thousand pages... Read More about Protecting judicial independence through appointments processes: learning from the Indian and South African experiences.

Recession, recovery and service delivery: political and judicial responses to the financial and economic crisis in South Africa (2016)
Book Chapter
Pillay, A., & Wesson, M. (2016). Recession, recovery and service delivery: political and judicial responses to the financial and economic crisis in South Africa. In A. Nolan (Ed.), Economic and social rights after the global financial crisis (335-365). Cambridge University Press

4 is chapter discusses the e5 ects of the global # nancial crisis on South Africa. It considers the economic e5 ects of the crisis and the government’s response. It also assesses whether the crisis has had any impact on the judicial enforcement of ec... Read More about Recession, recovery and service delivery: political and judicial responses to the financial and economic crisis in South Africa.

Revisiting the Indian Experience of Economic and Social Rights Adjudication: the Need for a Principled Approach to Judicial Activism and Restraint (2014)
Journal Article
Pillay, A. (2014). Revisiting the Indian Experience of Economic and Social Rights Adjudication: the Need for a Principled Approach to Judicial Activism and Restraint. International and Comparative Law Quarterly, 63(02), 385-408. https://doi.org/10.1017/s0020589314000074

The Indian Constitution embraces economic and social rights as directive principles of state policy, ostensibly insulated from judicial review. The Supreme Court's interpretation of traditional civil and political rights to include economic and socia... Read More about Revisiting the Indian Experience of Economic and Social Rights Adjudication: the Need for a Principled Approach to Judicial Activism and Restraint.

Towards effective social and economic rights adjudication: the role of meaningful engagement. (2012)
Journal Article
Pillay, A. (2012). Towards effective social and economic rights adjudication: the role of meaningful engagement. International Journal of Constitutional Law, 10(3), 732-755. https://doi.org/10.1093/icon/mos021

In the 2008 Olivia Road case, dealing with housing rights, the South African Constitutional Court handed down an interim order designed to ensure that the parties “engaged with each other meaningfully on certain issues.” Many of the issues between th... Read More about Towards effective social and economic rights adjudication: the role of meaningful engagement..

South Africa: access to land and housing. (2007)
Journal Article
Pillay, A. (2007). South Africa: access to land and housing. International Journal of Constitutional Law, 5(3), 544-556. https://doi.org/10.1093/icon/mom019

Access to courts—appropriate and effective relief—South African Constitutional Court—the state violates the rights of a property owner by not providing mechanisms to enforce a court order for eviction of illegal squatters—“structural interdicts” Read More about South Africa: access to land and housing..

Revisiting Pinochet: The Development of Customary International Criminal Law. (2001)
Journal Article
Powell, C., & Pillay, A. (2001). Revisiting Pinochet: The Development of Customary International Criminal Law. South African Journal on Human Rights, 17(4), 477-502. https://doi.org/10.1080/02587203.2001.11827636

This article explores the usefulness of the Pinochet case (particularly the final judgment of the House of Lords) as precedent for domestic courts when they apply international criminal law. The first half of the article argues against the usefulness... Read More about Revisiting Pinochet: The Development of Customary International Criminal Law..