Building the Constitution

The Practice of Constitutional Interpretation in Post-Apartheid South Africa

Specificaties
Gebonden, 416 blz. | Engels
Cambridge University Press | e druk, 2016
ISBN13: 9781107124097
Rubricering
Juridisch :
Cambridge University Press e druk, 2016 9781107124097
Onderdeel van serie Cambridge Studies in
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Samenvatting

This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.

Specificaties

ISBN13:9781107124097
Taal:Engels
Bindwijze:Gebonden
Aantal pagina's:416

Inhoudsopgave

1. Introduction; 2. Taking reality (legally) seriously; 3. Voting rights, politics, and trust; 4. The role of the Court: standard conceptions; 5. The role of the Court: constitution-building; 6. LGBTI equality; 7. Democracy; 8. Socio-economic rights; 9. Equality, eviction and engagement.

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