Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa: Cambridge Studies in Constitutional Law, cartea 16
Autor James Fowkesen Limba Engleză Paperback – 13 iun 2018
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Specificații
ISBN-13: 9781107561151
ISBN-10: 1107561159
Pagini: 414
Dimensiuni: 230 x 150 x 20 mm
Greutate: 0.55 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in Constitutional Law
Locul publicării:New York, United States
ISBN-10: 1107561159
Pagini: 414
Dimensiuni: 230 x 150 x 20 mm
Greutate: 0.55 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in Constitutional Law
Locul publicării:New York, United States
Cuprins
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.
Recenzii
'James Fowkes has produced a book that is nothing short of brilliant … Fowkes' account is … a breath of fresh air in that whilst refusing to fetishise the courts, it weaves together a near seamless account of South African constitutionalism that is firmly grounded in South Africa's history, politics, constitutional theory and case law.' Sanele Sibanda, University of the Witwatersrand, Johannesburg
'This is a marvellous book. Read it. Whether you are interested in South African law and politics, comparative constitutional law, socio-legal studies or just an engaging and intellectually satisfying read, you will not regret taking it up. James Fowkes develops a fresh analytical framework for understanding South Africa's post-apartheid constitutional order and the role of the South African Constitutional Court that successfully integrates legal and political perspectives. His 'constitution-building account' of the Court's jurisprudence and its institutional role in South African law and politics is a clear-eyed realist redefinition of constitutional 'success' and also a convincing, creative and eminently readable defense of the Court's work.' Brian Ray, Co-Director, Cybersecurity and Privacy Protection Center, Cleveland–Marshall College of Law
'James Fowkes' gold-standard work not only examines closely what are usually regarded as the most significant cases of the heralded Constitutional Court of South Africa but also engages with the best of comparative constitutional scholarship. His re-interpretations of both are compelling and persuasive - this is a fine example of constructive scholarship, destined to be often cited as well as followed. Building the Constitution could also not be more timely in its local context as South Africa enters a new phase of building its democracy twenty years after its new Constitution.' Jonathan Klaaren, University of the Witwatersrand, Johannesburg
'This is a break-through book. Fowkes locates the constitutional court within the larger political system. His holistic emphasis on the evolving constitutional regime provides a fundamental perspective on present-day South Africa's political and constitutional dilemmas.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut
'James Fowkes provides a fresh and powerful understanding of the Constitutional Court in South Africa. In this excellent book he argues that the Constitutional Court demonstrates, through its jurisprudence and the context within which the cases play out, that it is a constitution-building court. The book's most powerful arguments for this thesis examine and contest many of the standard interpretations of the Court's jurisprudence, providing us with a very well argued alternative perspective.' Heinz Klug, Evjue-Bascom Professor of Law and Director of the Global Legal Studies Centre, University of Wisconsin Law School
'This is a marvellous book. Read it. Whether you are interested in South African law and politics, comparative constitutional law, socio-legal studies or just an engaging and intellectually satisfying read, you will not regret taking it up. James Fowkes develops a fresh analytical framework for understanding South Africa's post-apartheid constitutional order and the role of the South African Constitutional Court that successfully integrates legal and political perspectives. His 'constitution-building account' of the Court's jurisprudence and its institutional role in South African law and politics is a clear-eyed realist redefinition of constitutional 'success' and also a convincing, creative and eminently readable defense of the Court's work.' Brian Ray, Co-Director, Cybersecurity and Privacy Protection Center, Cleveland–Marshall College of Law
'James Fowkes' gold-standard work not only examines closely what are usually regarded as the most significant cases of the heralded Constitutional Court of South Africa but also engages with the best of comparative constitutional scholarship. His re-interpretations of both are compelling and persuasive - this is a fine example of constructive scholarship, destined to be often cited as well as followed. Building the Constitution could also not be more timely in its local context as South Africa enters a new phase of building its democracy twenty years after its new Constitution.' Jonathan Klaaren, University of the Witwatersrand, Johannesburg
'This is a break-through book. Fowkes locates the constitutional court within the larger political system. His holistic emphasis on the evolving constitutional regime provides a fundamental perspective on present-day South Africa's political and constitutional dilemmas.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut
'James Fowkes provides a fresh and powerful understanding of the Constitutional Court in South Africa. In this excellent book he argues that the Constitutional Court demonstrates, through its jurisprudence and the context within which the cases play out, that it is a constitution-building court. The book's most powerful arguments for this thesis examine and contest many of the standard interpretations of the Court's jurisprudence, providing us with a very well argued alternative perspective.' Heinz Klug, Evjue-Bascom Professor of Law and Director of the Global Legal Studies Centre, University of Wisconsin Law School
Notă biografică
Descriere
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.