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Author: Mark S. Kende Publisher: ISBN: 9781611634853 Category : Civil rights Languages : en Pages : 0
Book Description
Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.
Author: Mark S. Kende Publisher: ISBN: 9781611634853 Category : Civil rights Languages : en Pages : 0
Book Description
Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.
Author: Charles Manga Fombad Publisher: Oxford University Press ISBN: 0198759797 Category : Law Languages : en Pages : 444
Book Description
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
Author: Charles Manga Fombad Publisher: ISBN: 0198855591 Category : Law Languages : en Pages : 561
Book Description
The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism in Africa. Although comparative constitutional law has become a major field of legal scholarship, most of the extensive research that has been carried out has focused on long-established democracies. The only African country that has attracted sustained research interest from a comparative law perspective is South Africa. The few books that present perspectives on African comparative constitutional law focus narrowly and exclusively on developments in either Anglophone, Francophone, or Arabophone Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound and far-reaching constitutional developments. Little comparative research has been carried out to understand the nature of these constitutional changes, to review their impact on the ethos of constitutionalism on the continent, and to explore prospects for the future. The series aims to stimulate interest in comparative constitutional research and the different constitutional traditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research, and practice. In this way, the series intends to fill the huge gap in the existing literature on comparative African constitutional law as well as point out to directions for future research. Book jacket.
Author: Hassen Ebrahim Publisher: ISBN: Category : History Languages : en Pages : 760
Book Description
Part One of this book provides a detailed account of development of the South African constitution, especially between 1985 and 1996. Part Two is a collection of key documents from South Africa's constitutional history since 1902.
Author: Charles Manga Fombad Publisher: Oxford University Press ISBN: 0198810210 Category : Law Languages : en Pages : 417
Book Description
Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.
Author: Drucilla Cornell Publisher: Fordham Univ Press ISBN: 0823250083 Category : Law Languages : en Pages : 1016
Book Description
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 Africa is widely considered to be the most sweeping in the world. 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.
Author: Michel Rosenfeld Publisher: OUP Oxford ISBN: 0191640166 Category : Law Languages : en Pages : 1416
Book Description
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Author: Mark S. Kende
Author: Mark S. Kende
Author: Steven G. Calabresi
Author: Charles Manga Fombad
Author: Bernard Bekink
Author: Charles Manga Fombad
Author: Hassen Ebrahim
Author: Charles Manga Fombad
Author: 
Author: Drucilla Cornell
Author: Michel Rosenfeld