Building the constitution : the practice of constitutional interpretation in post-apartheid South Africa
著者
書誌事項
Building the constitution : the practice of constitutional interpretation in post-apartheid South Africa
（Cambridge studies in constitutional law）
Cambridge University Press, 2018, c2016
- : pbk
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注記
"First published 2016. First paperback edition 2018"--T.p. verso
Includes bibliographical references (p. 356-383) and index
内容説明・目次
内容説明
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.
目次
- 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.
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