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Constitutional rights in two worlds : South Africa and the United States / Mark S. Kende.
- Format:
- Book
- Author/Creator:
- Kende, Mark S., 1960- author.
- Language:
- English
- Subjects (All):
- South Africa. Constitutional Court.
- South Africa.
- United States. Supreme Court.
- United States.
- Human rights--South Africa.
- Human rights.
- Constitutional law--South Africa.
- Constitutional law.
- Human rights--United States.
- Constitutional law--United States.
- Physical Description:
- 1 online resource (xiii, 321 pages) : digital, PDF file(s)
- Place of Publication:
- Cambridge : Cambridge University Press, 2009.
- System Details:
- text file
- Summary:
- The South African Constitutional Court has issued internationally prominent decisions abolishing the death penalty, enforcing socio-economic 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 US 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 US 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 US Supreme Court could employ.
- Contents:
- Introduction
- History and background
- The death penalty
- Gender equality
- Gay rights
- Affirmative action
- Freedom of expression
- Freedom of religion
- Socioeconomic rights
- Final thoughts.
- Notes:
- Title from publisher's bibliographic system (viewed on 05 Oct 2015).
- Other Format:
- Print version:
- ISBN:
- 9780511576010
- Access Restriction:
- Restricted for use by site license.
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