The Politics of Principle: The First South African Constitutional Court, 1995-2005 (Cambridge Studies in Constitutional Law)
| Author | : | |
| Rating | : | 4.16 (849 Votes) |
| Asin | : | 110701364X |
| Format Type | : | paperback |
| Number of Pages | : | 450 Pages |
| Publish Date | : | 2013-03-06 |
| Language | : | English |
DESCRIPTION:
not me said Pedantic. Over-Theorized. Under-Researched.. When law professors grow tired of law they sometimes embrace political science, economics, sociology, or literary theory as tools for analyzing what "really" happens in courts. Books like "The Politics of Principle" are the result. It is not a book about South African constitutional law or a history of the epochal Chaskalson years (1995-"Pedantic. Over-Theorized. Under-Researched." according to not me. When law professors grow tired of law they sometimes embrace political science, economics, sociology, or literary theory as tools for analyzing what "really" happens in courts. Books like "The Politics of Principle" are the result. It is not a book about South African constitutional law or a history of the epochal Chaskalson years (1995-2005) of the South African Constitutional Court. Instead, it uses a han. 005) of the South African Constitutional Court. Instead, it uses a han
"The Politics of Principle is a landmark book for those interested in South African politics, history, law, and the interaction between these disciplines." Athanasia Hadjigeorgiou, Global Law Books (globallawbooks/homep)
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. 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. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack.. 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
. Theunis Roux is Professor of Law at the University of New South Wales, Sydney, Australia. He is a former Secretary-General of the International Association of Constitutional Law (IACL) and the Founding Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC)