Download or read book African Legal and Constitutional Materials written by Gulgan Karal and published by . This book was released on 1969 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Constitutional Law written by Mark S. Kende and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.

Download or read book African Legal and Constitutional Materials written by Gülgün Karal and published by . This book was released on 1969 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Materials for Comparative Law written by Albie Sachs and published by . This book was released on 1997* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Corruption and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press, USA. This book was released on 2020-03-12 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.

Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Michael Bishop and published by . This book was released on 2022 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South African is widely considered to be the most sweeping in the world. In part, this is related to the unique provisions of the South African Constitution in areas such as socioeconomic rights and allowing dignity to be taken into the sphere of economic justice as well as that of human rights. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy. The case law is coupled with analysis from a range of selected contributors. The book will therefore be a crucial source for anyone seeking to evaluate dignity, whether in law or in human life more broadly.

Download or read book Separation of Powers in African Constitutionalism written by Charles M. Fombad and published by Oxford University Press. This book was released on 2016-03-03 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Download or read book Principles of South African Constitutional Law written by Bernard Bekink and published by . This book was released on 2012 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Selfless Constitution written by Stu Woolman and published by Juta and Company Ltd. This book was released on 2013 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way the vast majority of us think about the self, consciousness and free will is incorrect dramatically out of step with what the majority of neuroscientists, cognitive psychologists scientists and analytic philosophers have to say about those subjects. One consequence of these erroneous views is that the manner in which the majority of us understand freedom as a metaphysical term and as a political concept -- is sharply at odds with how things actually are. We replicate similar kinds of errors when we think about how various forms of human association are constructed and how change actually occurs within such associations. Once again, epistemological fallacies with regard to social theory have the consequence of leading us to attribute far greater freedom to groups than they actually possess. This second misattribution of autonomy results in institutional political arrangements and constitutional doctrines at odds with what we know about the human condition. As things stand, the various models of political theory with which the South African Constitutional Court operates rest upon a belief that the rights and freedoms enshrined in the Final Constitution should enable individuals to exercise relatively unfettered control over decisions about the intimate relationships and the various practices deemed critical to their self-understanding. However, individual autonomy as a foundation for constitutional theory overemphasizes dramatically the actual space for self-defining choices. In truth, our experience of personhood, of self-consciousness, is a function of a complex set of narratives over which we exercise little in the way of (self) control. The involuntary and arational nature of identity formation at the level of both the individual and the social -- requires a constitutional theory that supplants the model of a rational individual moral agent which undergirds much of our current jurisprudence with a vision of the self that is more appropriately located within and determined by the associations to which we all belong. Despite the involuntary and arational nature of identity formation, we can live within communities that determine the greater part of the meaning we make, and still remain committed to the possibility of significant change (for the better) within those communities. This thesis then goes on to explain how a commitment to experimentalism in the political domain, when married to a robust conception of basic entitlements and citizenship, services human flourishing. (To expand the conditions for flourishing, however, is not to make us metaphysically free to will our actions: a commitment to flourishing reflects an attempt to create an environment in which all inhabitants of South Africa have the opportunity to live lives worth valuing.) Experimental constitutionalism dovetails with a very modest, naturalized account of flourishing because both accounts (1) take the radical givenness of existing constitutive attachments seriously: (2) recognize the boundedness of individual and collective rationality: and (3) describe various kinds of feedback mechanisms that allow for error correction and the enhancement of the conditions of being. Experimental constitutionalism, in particular, enables more citizens to see what works' and what doesn t both with respect to the means and the ends of our existence. Experimental constitutionalism offers the promise of improving the conditions for being by suggesting a range of alterations in constitutional doctrine and a host of changes in the manner in which many political institutions operate. In South Africa, the innovations associated with experimental constitutional design embrace: (1) a doctrine of constitutional supremacy that maintains a meaningful equilibrium with a doctrine of separation of powers, and thus sets relatively clear guidelines for how authority for constitutional interpretation might best be shared by the judiciary, the legislature, the executive and non-state-actors: (2) the use of various standard judicial mechanisms such as cost orders, court procedures, amici and intervenors, expanded constitutional jurisdiction and structural injunctions to create bubbles of participatory democracy better able (than courts or legislatures) to resolve various kinds of polycentric conflict: (3) an approach to limitations analysis that provides a better process than balancing for experimentalist adjudication: and (4) greater roles for Chapter 9 Institutions with respect to investigation, information-sharing and norm-setting: and (5) a principle of democracy that invites public participation in law-making that will both elicit better information about which government policies work best and effect widespread reflection about the meaning of those constitutional norms that govern our lives. The thesis then (a) mines the brief historical record of two important policy areas Housing and Education to show how the principles of experimental constitutionalism have already been put to work and (b) re-examines six Constitutional Court cases to demonstrate how the dual commitment to experimental constitutionalism and flourishing might generate more optimal outcomes.

Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Download or read book Legal Process and the Individual written by Haile Sellassie I University. Centre for African Legal Development and published by . This book was released on 1971 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Constitutional Process written by Thomas M. Franck and published by . This book was released on 1968 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Drucilla Cornell and published by . This book was released on 2013 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The U S Constitution and Comparative Constitutional Law written by Steven G. Calabresi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

Download or read book The Soul of a Nation written by Hassen Ebrahim and published by . This book was released on 1998 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part One of this book provides a detailed account of development of the South African constitution, especially between 1985 and 1996. Part Two is a collection of key documents from South Africa's constitutional history since 1902.

Download or read book South African Constitutional Law in Context written by Pierre De Vos and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (pages 843-875) and index.

Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Drucilla Cornell and published by Fordham Univ Press. This book was released on 2013-07 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South Africa is widely considered to be the most sweeping in the world. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy.