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.
Select a Delivery Option
Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa
You’re item was added to pickup at [location]
You’re [amount] away from FREE shipping!
You qualify for FREE shipping!
Translation missing: en.settings.free_shipping_default_message
Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa
'James Fowkes' gold-standard work not only examines closely what are usually regarded as the most significant cases of the heralded Constitutional Court of South Africa but also engages with the best of comparative constitutional scholarship. His re-interpretations of both are compelling and persuasive - this is a fine example of constructive scholarship, destined to be often cited as well as followed. Building the Constitution could also not be more timely in its local context as South Africa enters a new phase of building its democracy twenty years after its new Constitution.' Jonathan Klaaren, University of the Witwatersrand, Johannesburg
You May Also Like
Previous
Next
Recently Viewed
Choosing a selection results in a full page refresh.
Opens in a new window.
eBooks from Indigo are available at Kobo.com
Simply sign in or create your free Kobo account to get started. Read eBooks on any Kobo eReader or with the free Kobo App.
Why Kobo?
With over 6 million of the world's best eBooks to choose from, Kobo offers you a whole world of reading. Go shelf-less with your library and enjoy reward points with every purchase.