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

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

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons...