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Author : South Africa
Publisher : Unknown
Page : 177 pages
File Size : 45,6 Mb
Release : 2012
Category : Constitutional law
ISBN : OCLC:954190471
Author : Siri Gloppen
Publisher : Routledge
Page : 306 pages
File Size : 40,6 Mb
Release : 2019-05-23
Category : Law
ISBN : 9780429627231
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 : Mark S. Kende
Publisher : Cambridge University Press
Page : 336 pages
File Size : 49,8 Mb
Release : 2009-03-02
Category : Law
ISBN : 9780521879040
This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Author : James Fowkes
Publisher : Cambridge University Press
Page : 415 pages
File Size : 48,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781107124097
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Author : Lauren Segal,Sharon Cort
Publisher : Jacana Media
Page : 255 pages
File Size : 40,8 Mb
Release : 2011
Category : History
ISBN : 9781431402700
Charts the story of the long fight for constitutional rights in South Africa and the obstacles and complexity the lay behind the constitution-making process after 1990. Uses archival, photographic, and interview material to provide a popular account of the development of the constitution and the role of the Constitutional Court.
Author : Rosalind Dixon,Theunis Roux
Publisher : Cambridge University Press
Page : 471 pages
File Size : 41,9 Mb
Release : 2018-04-19
Category : History
ISBN : 9781108415330
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Author : G. E. Devenish
Publisher : Butterworth-Heinemann
Page : 428 pages
File Size : 40,5 Mb
Release : 1998
Category : Constitutional law
ISBN : STANFORD:36105061970591
5 Life.
Author : Anonim
Publisher : Unknown
Page : 182 pages
File Size : 46,9 Mb
Release : 2011
Category : South Africa
ISBN : 0621390631
Author : G. E. Devenish
Publisher : Butterworth-Heinemann
Page : 548 pages
File Size : 52,6 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105122287019
Author : Heinz Klug
Publisher : Bloomsbury Publishing
Page : 204 pages
File Size : 46,8 Mb
Release : 2010-07-15
Category : Law
ISBN : 9781847317414
South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.
Author : Richard Albert,David R. Cameron
Publisher : Cambridge University Press
Page : 483 pages
File Size : 50,9 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781108419734
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Author : Jean Meiring
Publisher : Penguin Random House South Africa
Page : 224 pages
File Size : 41,5 Mb
Release : 2017-10-01
Category : Political Science
ISBN : 9781776091447
‘... in the new South Africa there is nobody, not even the president, who is above the law; that the rule of law generally, and in particular the independence of the judiciary, should be respected.’ – Nelson Mandela In late 1996, South Africa’s Constitution acquired the force of law. Its Bill of Rights enshrined a range of fundamental rights to which all South Africans are entitled. In a marked breach with the past, citizens’ rights would no longer depend upon the pigment of their skin or other idiosyncratic features. Today, 21 years since its inception, the Constitution has acquired an almost mythical status, both at home and abroad. Yet, crucially, its primary impact has been on the nuts and bolts of people’s lives. It means that the death penalty is no longer a sentencing option, and gays and lesbians can get married and adopt. It affects directly the types of contracts and commercial arrangements the courts will countenance and on people’s rights to land. As such, it impacts on each and every South African’s daily life and shapes the country and society we live in. This collection of essays explores what the Constitution means for South Africans and for the world – both through its definition of legal rights and through the seepage into the real world of those rights, and the culture that has arisen around them. The contributors range from former Constitutional Court judges to activists, writers and philosophers, who look soberly at what has been achieved and what still needs to be done.
Author : Donald L. Horowitz
Publisher : Univ of California Press
Page : 314 pages
File Size : 44,7 Mb
Release : 2022-02-25
Category : History
ISBN : 9780520328877
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.
Author : Warren Freedman
Publisher : Juta and Company Ltd
Page : 412 pages
File Size : 53,8 Mb
Release : 2013
Category : Constitutional history
ISBN : 1485101107
Author : François Venter
Publisher : BRILL
Page : 310 pages
File Size : 41,8 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004481404
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
