Building the Constitution

The Practice of Constitutional Interpretation in Post-Apartheid South Africa

By:

James Fowkes

Format:

Paperback / softback

Series:

Cambridge Studies in Constitutional Law

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Description

This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.

Author Biography:

James Fowkes is a former clerk at the South African Constitutional Court and studied law at the University of the Witwatersrand, Johannesburg and Yale Law School, Connecticut. He is currently a senior researcher at the Institute for International and Comparative Law in Africa, University of Pretoria.

Release date Australia

June 14th, 2018

Author

James Fowkes

Series

Cambridge Studies in Constitutional Law

Pages

414

Audience

Professional & Vocational

Dimensions

230x150x20

ISBN-13

9781107561151

Product ID

27641562

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