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Building the constitution : the practice of constitutional interpretation in post-apartheid South Africa / James Fowkes.

By: Fowkes, James, 1984- [author]
Material type: TextTextLanguage: Türkçe Series: Cambridge studies in constitutional lawPublisher: Cambridge, United Kingdom : Cambridge University Press, 2016Description: xxi, 392 pages ; 24 cmContent type: text Media type: unmediated Carrier type: volumeISBN: 9781107124097 (hardback); 9781107561151Subject(s): South Africa. Constitutional Court | LAW / Constitutional | Constitutional law -- South Africa | Constitutional courts -- South AfricaLOC classification: KTL2620 | .F69 2016
Contents:
Taking reality (legally) seriously -- Voting rights, politics, and trust -- The role of the court : standard conceptions -- The role of the court : constitution-building -- LGBTI equality -- Democracy -- Socio-economic rights -- Equality, eviction and engagement.
Summary: "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 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"-- Provided by publisher.
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Item type Current location Home library Collection Call number Status Date due Barcode
Book Book Merkez Kütüphane
Genel Koleksiyon / Main Collection 		Merkez Kütüphane
Genel Koleksiyon KTL2620 .F69 2016 (Browse shelf) Available 0059696

Taking reality (legally) seriously -- Voting rights, politics, and trust -- The role of the court : standard conceptions -- The role of the court : constitution-building -- LGBTI equality -- Democracy -- Socio-economic rights -- Equality, eviction and engagement.

"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 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"-- Provided by publisher.

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Devinim Yazılım Eğitim Danışmanlık tarafından Koha'nın orjinal sürümü uyarlanarak geliştirilip kurulmuştur.