Why big cases make for bad law

“The Supreme Court of the United States has descended from disciplined legal reasoning … to the mystical aphorisms of the fortune cookie.” — Scalia J in dissent, Obergefell v. Hodges 135 S Ct 2584, 2628 (2015).

Logo of the Constitutional Court of the Republic of South Africa

Perhaps, to start, I need to make the following disclaimer: I am not part of the alleged conspiracy to tarnish the good name of the Constitutional Court, nor that of the Lord’s Chief Justice. But my