Focusing on the future of constitutional democracy

The University of Cape Town (UCT) hosted the sixth Public Law Conference, themed “Public Law and the Future of Constitutional Democracy”, from 1 to 4 July 2026. Convened with Stellenbosch University, the University of the Western Cape and the University of Melbourne, the forum included four days of thoughtful and challenging conversations about constitutional democracy, its institutions and vulnerabilities.

Over the course of the conference, delegates examined the role of the judiciary, its independence and accountability, administrative justice and control of public power, as well as democratic resilience in the face of populism and authoritarianism. Sessions also probed rights, equality and social justice, as well as the challenges technology poses to law and governance.

Hosted for the first time on African soil, the conference drew judges, scholars and practitioners from across the globe to consider the future of constitutional democracy. The event arrived at a fitting moment, with South Africa celebrating the 30th anniversary of the adoption of the Constitution this year.

Enabling everyday constitutionalism

In her keynote address, Professor Geneviève Cartier (University of Sherbrooke, Canada) highlighted the importance of bringing these discussions to Africa.

“Holding the conference here has allowed us to meet and discuss with a significant number of academics and judges from countries we do not see often enough at these events. Having these scholars here has allowed us to benefit from an impressive array of perspectives,” she said.

“We have also been reminded that Africa is not a homogenous continent. African jurisdictions do not speak the same language, and do not have the same level of resources to export or share their experiences in fighting the constitutional challenges that many of them face.

“The decision to hold proceedings here has given us greater insight into the originality of African approaches to constitutional crises.”

“The decision to hold proceedings here has given us greater insight into the originality of African approaches to constitutional crises. This hopefully marks a welcome evolution towards more diversity and inclusion in the public law arena.”

Professor Cartier also reflected on the idea of everyday constitutionalism and how this philosophy can be used to connect the letter and spirit of constitutional texts to the people they are meant to serve.

“Many people don’t understand the connection between their everyday lives and what the Constitution is trying to achieve. We, as scholars of the law, need to connect and make these people part of the project through everyday constitutionalism and constitutional literacy.

“There is really a need for this form of sharing or transforming the ideas into something concrete for the people for whom all of this is supposed to exist,” she added.

Promoting public participation

Deputy Chief Justice Dunstan Mlambo picked up on this idea of everyday constitutionalism in his closing address, noting the importance of educating and involving those who are governed by a constitution to understand the workings of these legal codes.

“At a time when constitutional rights are increasingly contested and, in some parts of the world, are being progressively narrowed, a broader question about the role of civil society is inevitable,” he said.

“Many judgements have affirmed that constitutional resilience requires a broader constitutional ecosystem. Parliament, Chapter 9 Institutions, civil society, universities, traditional leadership, the legal profession, the private sector and citizens themselves all have constitutional responsibilities, and constitutional democracy flourishes when these actors work alongside one another.

“As we leave this conference, our task is to continue strengthening a constitutional democracy that remains responsive to the people it exists to serve. That responsibility extends beyond courts to every institution entrusted with public power, and to every person committed to advancing constitutional values.”

Expanding on the future of constitutional democracy, Lord Justice Rabinder Singh pointed out that the tenets of democracy itself require this broader understanding and participation for constitutionalism to function.

“Democracy values everyone equally, even if the majority of people do not; understanding that underlying the value of democracy is the principle of human equality. Democracy is built on a community of equals – everyone counts and no one counts more than anyone else,” he added.

“The person who can’t read or write has equally as much right to participate in the governance of our countries as the person who has a PhD. That is something we must never forget when we reflect on the future of constitutional democracy.”

A rich and diverse discussion

In closing the conference, Emeritus Professor Hugh Corder (UCT) and Professor Jason Varuhas (University of Melbourne) underscored the importance of using opportunities such as these to promote the engaged scholarship in strengthening constitutional democracy.

“The Public Law Conference is an international series focused specifically on common law jurisdictions, and a core goal of the series is to bring the conference to as wide an audience as is possible to bring in a range of voices and perspectives into the conversation,” Professor Varuhas said.

“South Africa now finds itself resolutely and comfortably in the global focus, with the right to dignity that Lord Justice Singh has referred to as one of the primary considerations.”

“The conference has focused attention on South Africa and other common law jurisdictions in Africa and, in doing so, has deeply enriched the conference series. Going forward, it is vitally important that we maintain those perspectives as a central focus to represent the full range of common law jurisdictions and perspectives.”

Adding to this, Emeritus Professor Corder noted that the conference’s move to Africa represented a deliberate shift in orientation for the series.

“Over the five previous iterations of this conference, we had taken the approach characterising academic endeavours in the Global North. South Africa now finds itself resolutely and comfortably in the global focus, with the right to dignity that Lord Justice Singh has referred to as one of the primary considerations,” he said.

“This difference of approach was constructively factored into the programme, and, in my view, we’ve experienced a wonderfully rich and diverse variety of papers and discussion and informal conversation as a result.”