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In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to Brown by the Constitutional Court in comparison to the court's citation of international legal materials. Brown's waning substantive influence may also be attributed to the different path towards non-racialism taken by South Africans in contrast to the civil rights struggle in the United States.


Justice Action Center Symposium Brown Is Dead - Long Live Brown: II. Long Live Brown
New York Law School Law Review, Vol. 49, Issue 4 (2004-2005), pp. 1155-1172