The politics of principle : the first South African Constitutional Court, 1995-2005 / Theunis Roux.

Format:

Book

Author/Creator:

Roux, Theunis, author.

Series:

Cambridge studies in constitutional law ; 6.

Cambridge studies in constitutional law ; 6

Language:

English

Subjects (All):

South Africa. Constitutional Court--History.

South Africa.

South Africa. Constitutional Court.

Constitutional courts--South Africa--History.

Constitutional courts.

Constitutional law--South Africa.

Constitutional law.

History.

South Africa--Politics and government.

Politics and government.

Physical Description:

1 online resource (xvi, 433 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2013.

System Details:

text file

PDF

Summary:

Under its first chief justice, Arthur Chaskalson, the South African Constitutional Court built an unrivalled reputation in the comparative constitutional law community for technically accomplished and morally enlightened decision-making. At the same time, the Court proved remarkably effective in asserting its institutional role in post-apartheid politics. While each of these accomplishments is noteworthy in its own right, the Court's simultaneous success in legal and political terms demands separate investigation. Drawing on and synthesising various insights from judicial politics and legal theory, this study offers an interdisciplinary explanation for the Chaskalson Court's achievement. Rather than a purely political strategy of the kind modelled by rational choice theorists, the study argues that the Court's achievement is attributable to a series of adjudicative strategies in different areas of law. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack.

Contents:

1. The Chaskalson Court's achievement

2. A conceptual framework for assessing the performance of constitutional courts

3. Operationalising the conceptual framework to explain the Court's achievement

4. The political context for judicial review, 1995-2005

5. Constraints and opportunities: the law/politics distinction in South African legal-professional culture

6. Death, desire and discrimination: the Chaskalson Court between constitutional and positive morality

7. Social rights

8. Property rights

9. Political rights

10. Cross-cutting strategies.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139005081

Access Restriction:

Restricted for use by site license.