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Author: James Fowkes Publisher: Cambridge University Press ISBN: 1107124093 Category : Law Languages : en Pages : 415
Book Description
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Author: Siri Gloppen Publisher: Routledge ISBN: 0429627238 Category : Law Languages : en Pages : 306
Book Description
Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the ’constitutional function’. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.
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: 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.