Constitutional Rights In Two Worlds South Africa And The United States PDF Download
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Author | : Mark S. Kende |
Publisher | : Cambridge University Press |
Total Pages | : 336 |
Release | : 2009-03-02 |
Genre | : Law |
ISBN | : 0521879043 |
Download Constitutional Rights in Two Worlds Book in PDF, ePub and Kindle
This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Author | : Mark Kende |
Publisher | : |
Total Pages | : 16 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Constitutional Rights in Two Worlds, South Africa and the United States Book in PDF, ePub and Kindle
The South African Constitutional Court has issued internationally prominent decisions abolishing the death penalty, enforcing socioeconomic rights, allowing gay marriage, and promoting equality. These decisions are striking given the country's apartheid past and the absence of a grand human rights tradition. By contrast, the U.S. Supreme Court has generally ruled more conservatively on similar questions. This book examines the Constitutional Court in detail to determine how it has functioned during South Africa's transition and compares its rulings to those of the U.S. Supreme Court on similar rights issues. The book also analyzes the scholarly debate about the Constitutional Court taking place in South Africa. It furthermore addresses the arguments of those international scholars who have suggested that constitutional courts do not generally bring about social change. In the end, the book highlights a transformative pragmatic method of constitutional interpretation - a method the U.S. Supreme Court could employ.
Author | : Siri Gloppen |
Publisher | : Routledge |
Total Pages | : 306 |
Release | : 2019-05-23 |
Genre | : Law |
ISBN | : 0429627238 |
Download South Africa Book in PDF, ePub and Kindle
Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the ’constitutional function’. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.
Author | : Ziyad Motala |
Publisher | : |
Total Pages | : 296 |
Release | : 1994 |
Genre | : Africa |
ISBN | : |
Download Constitutional Options for a Democratic South Africa Book in PDF, ePub and Kindle
He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.
Author | : Robert A. Licht |
Publisher | : American Enterprise Institute |
Total Pages | : 284 |
Release | : 1994 |
Genre | : Business & Economics |
ISBN | : 9780844738345 |
Download South Africa's Crisis of Constitutional Democracy Book in PDF, ePub and Kindle
This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.
Author | : Veronica Federico |
Publisher | : Firenze University Press |
Total Pages | : 222 |
Release | : 2006 |
Genre | : Law |
ISBN | : 8884534011 |
Download Constitutionalism and Democratic Transitions Book in PDF, ePub and Kindle
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Author | : Sandra Liebenberg |
Publisher | : David Philip Publishers |
Total Pages | : 260 |
Release | : 1995 |
Genre | : South Africa |
ISBN | : |
Download The Constitution of South Africa from a Gender Perspective Book in PDF, ePub and Kindle
Based on the proceedings of a conference held in Cape Town, 1995.
Author | : G. E. Devenish |
Publisher | : Butterworth-Heinemann |
Total Pages | : 548 |
Release | : 2005 |
Genre | : Law |
ISBN | : |
Download The South African Constitution Book in PDF, ePub and Kindle
Author | : G. E. Devenish |
Publisher | : Butterworth-Heinemann |
Total Pages | : 740 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
Download A Commentary on the South African Bill of Rights Book in PDF, ePub and Kindle
Author | : Dawid Hercules Van Wyk |
Publisher | : |
Total Pages | : 786 |
Release | : 1994 |
Genre | : Law |
ISBN | : |
Download Rights and Constitutionalism Book in PDF, ePub and Kindle
An introduction to the constitutional order in South Africa, drawing on the constitutional experience in countries such as Canada, India, Germany and the US, which influenced the drafting of Chapter 3 of the 1993 Constitution.