During the first week of July, at a time when constitutional democracies across the world are facing growing pressure, the Faculty of Law at the University of Cape Town became the meeting place for one of the most significant public law conversations in the Commonwealth.

The 2026 Public Law Conference, held from 1 to 4 July at UCT Law, brought together Chief Justices, judges, academics, legal practitioners and emerging scholars from across South Africa, Africa, and the wider Commonwealth to examine a question that has become increasingly urgent: what is the future of constitutional democracy?

Hosted on the African continent for the first time, the conference centred on the theme Public Law and the Future of Constitutional Democracy. The timing was especially significant: 2026 marks three decades since South Africa adopted its democratic Constitution, a milestone that invited both reflection on the country's constitutional journey and honest discussion about the challenges that remain.

Over four days, delegates explored issues ranging from judicial independence and executive accountability to democratic participation, public international law, technology, environmental governance and the protection of fundamental rights. While the programme reflected the breadth of contemporary public law scholarship, a common thread ran through every session: how constitutional institutions can respond to mounting social, political and institutional pressures while maintaining, at the centre of these responses, the values they exist to protect.

Opening the conference, South Africa’s Chief Justice Mandisa Maya delivered a keynote address on Judicial Leadership in a Constitutional Democracy, describing the present moment as one requiring serious reflection on the health of constitutional institutions. ‘Thirty years into South Africa's constitutional journey,’ she said, ‘the conversation about the role of a Judiciary and its leadership, governed by a transformative Constitution, has never been more urgent.’

Acknowledging declining public trust in judicial institutions both in South Africa and internationally, Maya argued that judicial leadership extends well beyond deciding cases. It demands intellectual rigour, ethical leadership, institutional stewardship, and an enduring commitment to the constitutional vision of equality, dignity and justice.

Chief Justice Maya reminded delegates that judicial independence is not a privilege afforded to judges but a constitutional guarantee that exists for the benefit of society. Equally important, she argued, is accountability, warning that public confidence remains the foundation of judicial legitimacy. Her address set the tone for a conference that repeatedly returned to the relationship between constitutional principle and practical governance. Rather than treating constitutional democracy as a settled achievement, many discussions examined it as a project that requires constant vigilance, renewal and public trust.

Convened by South African Constitutional Court Justice Steven Majiedt and Emeritus Professor Hugh Corder, the conference reflected years of collaboration between scholars and institutions across the Commonwealth. The organisers received approximately 200 abstract submissions, selecting around 80 papers that showcased a wide range of perspectives on the future of public law. Alongside distinguished keynote speakers, parallel sessions examined constitutional developments from jurisdictions including South Africa, Australia, Canada, New Zealand, India, Kenya, Nigeria, and the United Kingdom. The comparative nature of the programme allowed delegates to identify common challenges while recognising that constitutional democracies often respond differently to questions of judicial power, executive authority and democratic accountability.

Several keynote sessions stood out for their focus on issues extending well beyond individual jurisdictions. A plenary on judicial independence and accountability considered the balance between preserving judicial autonomy and maintaining public confidence in courts. Another panel examined the evolving relationship between constitutional law and public international law, bringing together leading legal thinkers to reflect on the growing interaction between domestic legal systems and international norms.

The conference also created space to reflect on South Africa's constitutional experience thirty years after the adoption of the Constitution. A dedicated keynote on South African constitutionalism explored both the achievements of the democratic era and the unfinished work of addressing inequality, exclusion and access to justice. These conversations recognised that while South Africa's Constitution remains internationally respected, its transformative promises continue to demand practical effect.

The final day of the conference turned towards comparative constitutionalism, with senior judges and scholars examining how different legal systems influence one another while responding to shared democratic challenges. The closing plenary returned to the conference's central theme, asking what role public law must play at a time when constitutional institutions are increasingly expected to withstand political polarisation, public distrust and growing pressure on democratic governance.

Beyond the formal programme, the conference highlighted the importance of bringing together established scholars, members of the judiciary and emerging researchers. Dedicated doctoral panels ensured that early career academics contributed to conversations that will shape public law scholarship into the future.

Hosting the conference at UCT carried particular significance. As the first in the Public Law Conference series to be held in Africa, it recognised the continent's growing contribution to global constitutional scholarship and South Africa's continuing importance as a central site for debates about constitutional democracy. The presence of delegates from across the Commonwealth reinforced the value of comparative dialogue at a moment when many countries are confronting similar questions about the resilience of democratic institutions.

In addition to four days of focused discussion on public law and the future of constitutional democracy, conference participants were able to enjoy a gala dinner staged at the Norval Art Museum in Tokai. No ordinary setting, dinner was served amongst the incredible work of Brett Murray, renowned sculptor and one of South Africa’s most acclaimed artists, in an exhibition titled Wild Life. As outlined on the Norval Art Gallery site, Brett Murray has long been recognised for his “sharp wit and fearless social commentary”, using the animal world as a mirror for the human world, “blending humour, satire and empathy to explore human behaviour”.

As delegates departed the conference, a clear message remained: constitutional democracy cannot be sustained by constitutional text alone. It depends on institutions that command public confidence, with leaders who are prepared to defend constitutional values and to demonstrate ongoing willingness to engage critically with the ever-present challenges. This conversation – situated at the heart of this year's Public Law Conference - is one that will continue long after the final session concluded.

For more information about the conference, themes, panels, speakers and papers, visit the conference website.