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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa (Cambridge Studies in Constitutional Law, Series Number 16)

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Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa (Cambridge Studies in Constitutional Law, Series Number 16) image
ISBN-10:

1107561159

ISBN-13:

9781107561151

Author(s): Fowkes, James
Edition: Reprint
Released: Jun 14, 2018
Publisher: Cambridge University Press
Format: Paperback, 414 pages
Related ISBN: 9781107124097
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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.

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