Jason Brickhill is an academic and a practising advocate. He is an Adjunct Associate Professor in the Department of Public Law. 

Jason holds an LLB from UCT (magna cum laude, top student) and a Masters in International Human Rights Law (with distinction) and a DPhil from the University of Oxford. His DPhil thesis on the impact of strategic litigation in South Africa was awarded the Subedi Prize for the best doctoral dissertation in law at the University of Oxford. 

He served as law clerk to Justice Kate O’Regan. Jason has led the litigation teams of the Legal Resources Centre and the Socio-Economic Rights Institute of South Africa (SERI). 

Jason is a member of the Johannesburg Bar and of Group 621. He appears frequently in South African courts, including the Constitutional Court, and he has served as an acting judge of the High Court. 

Jason teaches economic, social and cultural rights at Masters level at the University of Oxford, where he is an academic affiliate of the Bonavero Institute of Human Rights and an associate member of the Trinity College Senior Common Room. 

Expertise/Research Interests

Jason’s research interests lie in constitutional law broadly, including in particular access to justice, socio-economic rights, and strategic litigation and its potential to contribute to social change. 

Supervision

Jason is available to supervise a limited number of postgraduate students whose research interests match his expertise in the areas of constitutional law, strategic litigation and access to justice. 

Publications

Jason is currently working on his upcoming monograph, Law and Struggle: Strategic Litigation and Social Change in South Africa (Cambridge University Press, forthcoming). He is also the editor-in-chief of Juta’s South African Constitutional Law, which is being published on an incremental basis.

Jason’s publications include the following. 

Books

• J Brickhill, A Hassim, M Bishop & N Ramalekana (eds) South African Constitutional Law (Juta, OS 2023)
• J Brickhill (ed) Public Interest Litigation in South Africa (Juta, 2018)
• M du Plessis, G Penfold & J Brickhill Constitutional Litigation (Juta, 2013)
• S Woolman, M Bishop & J Brickhill (eds) Constitutional Law of South Africa (Juta) (until 2013)
• Cornell, Woolman, Fuller, Brickhill, Bishop (eds) The Dignity Jurisprudence of the Constitutional Court of South Africa: Cases & Materials (Fordham, 2013)
• T Ngcukaitobi, J Brickhill & N Stein The Constitutional Law Casebook (Juta, 2012)

Chapters in books

• ‘Multi-national litigation in South Africa’ in Richard Meeran (ed) Human Rights Litigation Against Multinationals in Practice (Oxford University Press 2022) (co-authored with Zanele Mbuyisa)
• ‘From the classroom to the courtroom: Litigating education rights in South Africa’ in S Fredman, M Campbell & H Taylor Human Rights and Equality in Education (Policy Press 2018) (co-authored with Yana van Leeve)
• ‘Bill of Rights Class Actions’ chap 4 in M du Plessis et al Class Action Litigation in South Africa (Juta 2017) (co-authored with Janice Bleazard)
• ‘The Constitutional Court’ in Hoexter & Olivier (eds) The Judiciary in South Africa 2014 (co-authored with Hugh Corder)
• ‘Socio-economic rights’ in Currie (ed) The Bill of Rights Handbook (6 ed) (co-authored with Nick Ferreira)
• ‘Access to Courts’ in Woolman & Bishop Constitutional Law of South Africa (Juta, 2 ed) (co-authored with Adrian Friedman)
• ‘Political rights’ in Woolman & Bishop Constitutional Law of South Africa (Juta, 2 ed) (co-authored with Ryan Babiuch)
• ‘Land’ in Woolman & Bishop Constitutional Law of South Africa (Juta, 2 ed) (co-authored with Prof Juanita Pienaar)

Articles and case notes 

• ‘A River of Disease: Silicosis and the Future of Class Actions in South Africa’ SAJHR (2021) 1
• ‘The right to civil legal aid in South Africa: Legal Aid South Africa v Magidiwana’ (2019) VIII Constitutional Court Review 256 (co-authored with Christine Grobler)
• ‘Transformative constitutionalism: Guiding light or empty slogan?’ 2015 Acta Juridica 141 (co-authored with Yana Van Leeve)
• ‘“In the beginning was the word”: The role of text in the interpretation of statutes’ (2012) 129 SALJ 681 (co-authored with Michael Bishop)
• ‘Precedent and the Constitutional Court’ (2010) 3 Constitutional Court Review 79
• ‘Two’s company, three’s a crowd: public interest intervention in investor-state arbitration (Piero Foresti v South Africa) (2011) 27 SAJHR 152 (co-authored with Max du Plessis)
• ‘A Difficult Boundary: Public Sector Employment and Administrative Law’ (2007) 28 Industrial Law Journal 769 (co-authored with Tembeka Ngcukaitobi)
• ‘The Counter-Majoritarian Difficulty and the South African Constitutional Court’ (2006) 25 Pennsylvania State International Law Review (co-authored with Reynaud Daniels)
• ‘Testing Affirmative Action under the Constitution and the Equality Act: Comment on Du Preez v Minister of Justice & Constitutional Development’ (2006) 27 ILJ 2004
• ‘The Intervention of Amici Curiae in Criminal Matters: S v Zuma and S v Basson Considered’ (2006) 123 SALJ 391
• ‘Breaking Down the Boardroom Doors with a Snigger and a Smirk: Laugh It Off Laughs Last’ (2006) 21 SA Public Law 214
• ‘The Right to a Fair Civil Trial: the Duties of Lawyers and Law Students to Act Pro Bono’ (2005) 21 SAJHR 293
• ‘Briefing Patterns in the Constitutional Court’ The Advocate August 2004 (box inset article to article by Justice Kate O’Regan)
• ‘Civil Legal Aid’ Responsa Meridiana (2003) 1

Periodical publications

• ‘The Administration of Justice’ in Yearbook of South African Law (2020) (co-authored with Gilbert Marcus, Hugh Corder and Dennis Davis)
• ‘The Administration of Justice’ in Annual Survey of South African Law (Juta) 2010-present (co-authored with Gilbert Marcus, Hugh Corder and Dennis Davis)
• ‘Constitutional Law’ in Yearbook of South African Law (2020) (co-authored with Michael Bishop from 2009 and with Dan Mafora from 2021)
• ‘Constitutional Law’ in Annual Survey of South African Law (Juta) 2008-present (co-authored with Michael Bishop from 2009)
• ‘Constitutional Law’ contribution in Juta’s Quarterly Review 2008 to present (co-authored in 2008 with Kate Hofmeyr, from 2009 with Michael Bishop and from 2021 with Dan Mafora)