By James Fowkes

ISBN-10: 1107124093

ISBN-13: 9781107124097

This revisionary point of view on South Africa's celebrated Constitutional court docket attracts on ancient and empirical resources along traditional felony research to teach how aid from the African nationwide Congress govt and different political actors has underpinned the Court's landmark circumstances, that are frequently applauded too narrowly as simply judicial achievements. regular money owed see the court docket as overseer of a negotiated constitutional compromise and because the looked-to parent of that structure opposed to the emerging hazard of the ANC. in spite of the fact that, in truth South African successes were equipped on broader and extra admirable constitutional politics to some extent no prior account has defined or stated. The courtroom has spoke back to this context with a considerably constant yet greatly misunderstood trend of deference and intervention. even though a piece in growth, this institutional self-understanding represents a strong attempt through an rising courtroom, as one constitutionally critical actor between others, to construct a structure.

Show description

Read or Download Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa PDF

Best constitutional law books

Laura Beth Nielsen's License to Harass: Law, Hierarchy, and Offensive Public PDF

Offensive road speech--racist and sexist comments which may make its goals believe either psychologically and bodily threatened--is strangely universal in our society. Many argue that this speech is so detestable that it may be banned below legislation. yet is that this a space lined by means of the 1st modification correct to unfastened speech?

New PDF release: Introduction to South Pacific Law

This ebook presents an summary of the legislations of eleven of the member nations of the college of the South Pacific quarter

Download e-book for kindle: A Global Approach to Public Interest Disclosure: What Can We by David B. Lewis

This well timed and critical booklet assesses the influence of laws on public curiosity disclosures across the world, in addition to environment an time table for destiny examine on whistleblowing. Combining either theoretical and useful tools, this distinctive ebook deals an in depth exam of a few of the main statutory provisions within the united kingdom and explores the way in which courts have interpreted them.

New PDF release: Religion and the American constitutional experiment

"This re-creation of a vintage textbook offers a finished, interdisciplinary assessment of the background, theology, and legislation of yank spiritual liberty. The authors provide a balanced and available research of First modification circumstances and controversies, and evaluate them to either the unique teachings of the yank founders and present foreign norms of spiritual liberty"--"This obtainable creation tells the yankee tale of spiritual liberty from its colonial beginnings to the most recent splendid complaints.

Additional resources for Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa

Sample text

Cols. , Cols. 2829–30 (JH De Lange, ANC); Cols. 2832–33 (MB Skosana, IFP); Cols. 2836–38 (AJ Leon, DP); Col. 2841 (RK Sizani, PAC). President Mandela took the same line at the time in a televised address: see A. M. Dodek, ‘A Tale to Two Maps: The Limits of Universalism in Comparative Judicial Review’ (2009) 47 Osgoode Hall Law Journal 287, 310. H. Klug, ‘Participation in the Design’ in P. Andrews and S. ), PostApartheid Constitutions: Perspectives on South Africa’s Basic Law (Ohio University Press, 2001), p.

30 There is an epilogue to the Makwanyane story, which offers some support for my reading of what the case was really about and my more muted view of the picture of constitutional adjudication it represents. 30 legal work the judges wanted to do but which was difficult to sell to the South African public (and Makwanyane, notwithstanding its attempts to do so, has not done much to convince the public. , pp. 4, 246–48, 260). Activity in the political sphere was a key source of the content the Court expressed, and so has a deeper legal relevance.

37 Like the second Makwanyane story, his account can explain a great deal, but it is not able (because it does not set out) to rebut legally the standard interpretative criticisms of the Court, which indeed it often accepts are correct in strictly legal terms. This matters when one compares the realists to the other school, classically interpretivist and associated with the first Makwanyane story. In contrast to realists, who look first to the world, the basic question of these accounts is: What do the legal sources mean?

Download PDF sample

Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa by James Fowkes


by Kenneth
4.0

Building the Constitution: The Practice of Constitutional by James Fowkes PDF
Rated 4.13 of 5 – based on 47 votes
[an error occurred while processing the directive]