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

ISBN-13: 9781107561151 / Angielski / Miękka / 2018 / 414 str.

James Fowkes

Opis

A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.

Recenzje

'James Fowkes provides a fresh and powerful understanding of the Constitutional Court in South Africa. In this excellent book he argues that the Constitutional Court demonstrates, through its jurisprudence and the context within which the cases play out, that it is a constitution-building court. The book's most powerful arguments for this thesis examine and contest many of the standard interpretations of the Court's jurisprudence, providing us with a very well argued alternative perspective.' Heinz Klug, Evjue-Bascom Professor of Law and Director of the Global Legal Studies Centre, University of Wisconsin Law School

Spis treści

1. Introduction; 2. Taking reality (legally) seriously; 3. Voting rights, politics, and trust; 4. The role of the Court: standard conceptions; 5. The role of the Court: constitution-building; 6. LGBTI equality; 7. Democracy; 8. Socio-economic rights; 9. Equality, eviction and engagement.