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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa: 16 (Cambridge Studies in Constitutional Law, Series Number 16) - Softcover
Book 15 of 38: Cambridge Studies in Constitutional Law
Synopsis
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
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About the Author
James Fowkes is a former clerk at the South African Constitutional Court and studied law at the University of the Witwatersrand, Johannesburg and Yale Law School, Connecticut. He is currently a senior researcher at the Institute for International and Comparative Law in Africa, University of Pretoria.
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Building the Constitution (Cambridge Studies in Constitutional Law, Series Number 16)
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Building the Constitution (Cambridge Studies in Constitutional Law, Series Number 16)
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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa: 16 (Cambridge Studies in Constitutional Law, Series Number 16)
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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa
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Building the Constitution
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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa: 16 (Cambridge Studies in Constitutional Law, Series Number 16)
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Cambridge University Press, 2018
ISBN 10: 1107561159
ISBN 13: 9781107561151
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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa
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Building the Constitution
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Building the Constitution (Paperback)
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Paperback. Condition: new. Paperback. 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. This book offers comparative constitutional lawyers, political scientists and historians a revisionary perspective on the South African Constitutional Court. It analyses for the first time the political underpinnings of the Court's great cases and explains the underappreciated logic of intervention and restraint that runs through its work. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability. Seller Inventory # 9781107561151
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Building the Constitution
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Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. This book offers comparative constitutional lawyers, political scientists and historians a revisionary perspective on the South African Constitutional Court. It analyses for the first time the political underpinnings of the Court s great cases and explains . Seller Inventory # 447220192
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