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Lauren Kohn

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Lauren Kohn is a Senior Lecturer in the Department of Public Law (UCT). She lectures Constitutional Law, and currently convenes and lectures Administrative Law; Administrative Justice & Open Governance (LLM); and Constitutional Law on the Extended Curriculum Programme. Prior to joining academia in 2013, Lauren practiced for several years at Webber Wentzel, where she specialised in Public Law. Lauren still does legal consulting work (when teaching capacity permits) and has advised NGOs on a pro bono basis in the fields of Administrative, Constitutional and Procurement Law.

Lauren co-founded SALegalAdvice.com, an on-line legal services platform aimed at making them more accessible and affordable for the general public, rather than profit generation. She is one of the Mail & Guardian’s Top 200 Young South Africans of 2018 (in the Law & Justice category); a nominee for the UCT Distinguished Teacher’s Award; and a recipient of the UCT Law Faculty Research Prize.

Since joining the academy, Lauren has published prolifically in her fields of interest and recently her work on the development of rationality review and the separation of powers was cited by a unanimous Constitutional Court (in Pretorius v Transport Pension Fund [2018] ZACC 10). Lauren has presented her research at local and international conferences and is a regular commentator in the media on topical constitutional and political issues. She has also participated as a ‘key stakeholder and expert on socio-economic rights and the Constitution’ at colloquia held in respect of the ‘Assessment of the impact of the decisions of the CC and SCA on the transformation of society’.

Lauren holds a B.Bus.Sci (with Honours and Distinction in Law, UCT); an LLB (Magna Cum Laude, UCT); an LLM (Distinction, UCT) and is currently an external PhD Candidate (and Fellow) at Leiden Law School in the Netherlands. In her PhD, she is exploring arguments for the formal recognition of an ‘Integrity Branch’ of state in the hope that it will lead to a constitutional amendment, improved governance and thus the better realisation of human rights in South Africa.

 

Lauren’s recent peer-reviewed academic publications include:-

Lauren Kohn 'The burgeoning constitutional requirement of rationality & the separation of powers: Has rationality review gone too far?’ (2013) 130 South African Law Journal 810.

Lauren Kohn 'Our curious administrative law love triangle: The complex interplay between the PAJA, the Constitution and the common law’ (2013) 28 SA Public Law 22

Lauren Kohn 'The Anomaly that is Section 24G of NEMA: An Impediment to Sustainable Development' (2012) 19 South African Journal of Environmental Law & Policy 1 (although indexed as a 2012 edition, the journal was delayed & in fact only published in 2014).

Lauren Kohn ‘Escaping the “Shifren shackle” through the application of public policy: An analysis of three recent cases shows Shifren is not so immutable after all’ (2014) 28(1) Speculum Juris 74.

Lauren Kohn & Hugh Corder 'Judicial regulation of administrative action’ in the South African Monograph on Constitutional Law, Murray & Kirkby (eds) (2014) Suppl. 108 International Encyclopaedia of Laws (IEL), available at http://www.ielaws.com/.

Lauren Kohn ‘The Failure of an arranged marriage: The traditional leadership / democracy amalgamation made worse by the Draft Traditional Affairs Bill’ (2014) 29 SA Public Law 343.

Lauren Kohn ‘The Bashir judgment raises the red flag for the rule of law and the judiciary’ (2016) 133 South African Law Journal 246.

Lauren Kohn ‘The Test for ‘Exceptional Circumstances’ where an Order of Substitution is sought: An Analysis of the Constitutional Court judgment in Trencon against the backdrop of the Separation of Powers’ (2015) 7 Constitutional Court Review 91 (although a 2015 volume, it appears only in 2017 – see note from editor).

Lauren Kohn ‘Ramuhovhi v President of the Republic of South Africa: A bittersweet victory for women in ‘old’ polygamous customary marriages’ (2017) 33 South African Journal on Human Rights 120.

Cited by:

Lauren Kohn & Raisa Cachalia ‘Restitutionary Measures properly understood & the extension of the Quota Ban – Locating SARIPA in the s 9(2) Van Heerden Framework’ (2017) Acta Juridica 146.

Lauren Kohn ‘Commentary on section 66: National Instructions & Directives’ in chapter 26 of the Sexual Offences Commentary (2018 update) edited by D Smythe & B Pithey (Juta) (forthcoming).

Lauren Kohn Administrative Law 101: Through the Lens of the Informal Sector (working title: forthcoming book project with LexisNexis).