Biography

Jason Brickhill is a DPhil student at the Faculty of Law and Research Director at the Oxford Human Rights Hub. His research focuses on the impact of strategic litigation in South Africa. He completed his LLB at the University of Cape Town (magna cum laude) and the MSt in International Human Rights Law at Oxford (with distinction). 

Jason is a practising advocate at the Johannesburg Bar. He has appeared in a wide range of matters in the South African courts, including the Constitutional Court, in particular in the areas of constitutional law, human rights law, administrative law and labour law. Immediately before beginning the DPhil, he served as Director of the Constitutional Litigation Unit of the Legal Resources Centre, a leading South African public interest law firm. He is also an Honorary Research Associate at the Law Faculty of the University of Cape Town

Jason has published widely in constitutional law and human rights. He is the contributing editor of Public Interest Litigation in South Africa (Juta 2018), co-author of Constitutional Litigation (Juta, 2014) and an editor of the Constitutional Court Review, an annual legal journal published in South Africa. His writing has been cited by the Constitutional Court of South Africa and other courts. 

Jason has taught on several programmes at Oxford. He has tutored Human Rights Law (undergraduate FHS option) and assisted on two BCL courses: Comparative Human Rights and Comparative Equality Law. He has also taught Economic and Social Rights and the Foundations of International Human Rights Law on the Oxford/George Washington International Human Rights Law Summer Programme

Publications

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  • J Brickhill, Public Interest Litigation in South Africa (Juta 2018)
    Public Interest Litigation in South Africa offers a collection of grounded accounts – by leaders in the field – of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. This volume captures the legal narratives of those particular struggles in the hope that this will contribute to the broader, ongoing struggle for social justice. Part One of the book considers general themes relating to public interest litigation. These include its history, the development of the public interest sector and the impact and value of public interest litigation; the role of international law in public interest litigation; the ethics and politics of public interest litigation; and constitutional procedure. Part Two addresses public interest litigation in ten key areas of law: property rights, gender, basic services, health care, LGBTI equality, children’s rights, basic education, freedom of expression, access to information, and prisoners’ rights. Public Interest Litigation in South Africa seeks to share some of what has been achieved in the courts, beyond the well-trodden landmark appellate decisions, as a contribution to informed and critical engagement with litigation as a tool for social change.
    ISBN: 9781485128168
  • H Corder and J Brickhill, 'The Constitutional Court' in C Hoexter & M Olivier (ed), The Judiciary in South Africa (Juta 2014)
    The chapter traces the history of the establishment of the Constitutional Court of South Africa, its legal and institutional framework and provides a critical overview of its jurisprudence in its first two decades of existence.
  • M du Plessis, G Penfold and J Brickhill, Constitutional Litigation (Juta 2013)
    Over the past twenty years, the South African courts, and particularly the Constitutional Court, have developed a rich set of rules and principles applicable to cases that involve constitutional matters. Constitutional Litigation gathers together those rules and principles into a comprehensive, but digestible and easily accessible, book that will be of interest and value not only to the newcomer to constitutional litigation, but also to the more seasoned practitioner.
  • J Brickhill and N Ferreira, 'Socio-economic rights' in I Currie (ed), The Bill of Rights Handbook (Juta 2013)
  • D Cornell, S Woolman, D Fuller and J Brickhill, The Dignity Jurisprudence of the Constitutional Court of South Africa (Fordham 2013)
    Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South African is widely considered to be the most sweeping in the world. In part, this is related to the unique provisions of the South African Constitution in areas such as socioeconomic rights and allowing dignity to be taken into the sphere of economic justice as well as that of human rights. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy. The case law is coupled with analysis from a range of selected contributors. The book will therefore be a crucial source for anyone seeking to evaluate dignity, whether in law or in human life more broadly.

Research Interests

Constitutional law, human rights, strategic litigation, public law

Options taught

Human Rights Law, Comparative Equality Law, Comparative Human Rights

Research projects