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South African Constitutional Law In Context

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South African Constitutional Law in Context

South African Constitutional Law in Context Book
Author : Pierre De Vos,Warren Freedman
Publisher : Unknown
Release : 2019
ISBN : 9780190746162
File Size : 25,8 Mb
Language : En, Es, Fr and De

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South African Constitutional Law in Context Book PDF/Epub Download

Download South African Constitutional Law in Context book written by Pierre De Vos,Warren Freedman and published by with total hardcover pages 928 . Available in PDF, EPUB, and Kindle, read book directly with any devices anywhere and anytime.

South African Constitutional Law in Context

South African Constitutional Law in Context Book
Author : Danie Brand,Pierre De Vos,Warren Freedman
Publisher : Unknown
Release : 2014
ISBN : 9780195991376
File Size : 46,6 Mb
Language : En, Es, Fr and De

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South African Constitutional Law in Context Book PDF/Epub Download

South African Constitutional Law in Context offers a comprehensive, clear, and concise introduction to the study of South African constitutional law.

Comparative Constitutional Law

Comparative Constitutional Law Book
Author : Mark S. Kende
Publisher : Unknown
Release : 2015-06-08
ISBN : 9781611634853
File Size : 50,9 Mb
Language : En, Es, Fr and De

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Comparative Constitutional Law Book PDF/Epub Download

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.

Constitutional Rights in Two Worlds

Constitutional Rights in Two Worlds Book
Author : Mark S. Kende
Publisher : Cambridge University Press
Release : 2009-03-02
ISBN : 0521879043
File Size : 39,9 Mb
Language : En, Es, Fr and De

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Constitutional Rights in Two Worlds Book PDF/Epub Download

This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Building the Constitution

Building the Constitution Book
Author : James Fowkes
Publisher : Cambridge University Press
Release : 2016-12-15
ISBN : 1107124093
File Size : 27,5 Mb
Language : En, Es, Fr and De

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Building the Constitution Book PDF/Epub Download

A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.

Canada in the World

Canada in the World Book
Author : Richard Albert,David R. Cameron
Publisher : Cambridge University Press
Release : 2017-11-02
ISBN : 1108419739
File Size : 37,9 Mb
Language : En, Es, Fr and De

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Canada in the World Book PDF/Epub Download

Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

Comparative Constitution Making

Comparative Constitution Making Book
Author : David Landau,Hanna Lerner
Publisher : Edward Elgar Publishing
Release : 2019
ISBN : 1785365266
File Size : 49,7 Mb
Language : En, Es, Fr and De

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Comparative Constitution Making Book PDF/Epub Download

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

A Theory of African Constitutionalism

A Theory of African Constitutionalism Book
Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Release : 2021-07-08
ISBN : 0192646141
File Size : 41,7 Mb
Language : En, Es, Fr and De

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A Theory of African Constitutionalism Book PDF/Epub Download

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

The Constitution of the Republic of South Africa 1996

The Constitution of the Republic of South Africa 1996 Book
Author : South Africa
Publisher : Unknown
Release : 2012
ISBN : 0987650XXX
File Size : 34,9 Mb
Language : En, Es, Fr and De

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The Constitution of the Republic of South Africa 1996 Book PDF/Epub Download

Download The Constitution of the Republic of South Africa 1996 book written by South Africa and published by with total hardcover pages 177 . Available in PDF, EPUB, and Kindle, read book directly with any devices anywhere and anytime.

Constitutional Triumphs Constitutional Disappointments

Constitutional Triumphs  Constitutional Disappointments Book
Author : Rosalind Dixon,Theunis Roux
Publisher : Cambridge University Press
Release : 2018-04-19
ISBN : 1108415334
File Size : 54,7 Mb
Language : En, Es, Fr and De

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Constitutional Triumphs Constitutional Disappointments Book PDF/Epub Download

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

The Quest for Constitutionalism

The Quest for Constitutionalism Book
Author : Professor Hugh Corder,Dr Veronica Federico,Professor Romano OrrĂ¹
Publisher : Ashgate Publishing, Ltd.
Release : 2014-11-28
ISBN : 1472416317
File Size : 46,9 Mb
Language : En, Es, Fr and De

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The Quest for Constitutionalism Book PDF/Epub Download

This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power.

Separation of Powers in African Constitutionalism

Separation of Powers in African Constitutionalism Book
Author : Charles M. Fombad
Publisher : Oxford University Press
Release : 2016-03-03
ISBN : 0191077917
File Size : 22,5 Mb
Language : En, Es, Fr and De

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Separation of Powers in African Constitutionalism Book PDF/Epub Download

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.

Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa Book
Author : Alan J. Kuperman
Publisher : University of Pennsylvania Press
Release : 2015-07-16
ISBN : 0812246586
File Size : 52,6 Mb
Language : En, Es, Fr and De

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Constitutions and Conflict Management in Africa Book PDF/Epub Download

Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Engaging with Social Rights

Engaging with Social Rights Book
Author : Brian Ray
Publisher : Cambridge University Press
Release : 2016-04-21
ISBN : 1107029457
File Size : 28,9 Mb
Language : En, Es, Fr and De

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Engaging with Social Rights Book PDF/Epub Download

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

The Constitution of South Africa

The Constitution of South Africa Book
Author : Heinz Klug
Publisher : Bloomsbury Publishing
Release : 2010-07-15
ISBN : 1847317413
File Size : 20,5 Mb
Language : En, Es, Fr and De

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The Constitution of South Africa Book PDF/Epub Download

South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.

Principles of South African Constitutional Law

Principles of South African Constitutional Law Book
Author : Bernard Bekink
Publisher : Unknown
Release : 2016
ISBN : 9780409125733
File Size : 27,6 Mb
Language : En, Es, Fr and De

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Principles of South African Constitutional Law Book PDF/Epub Download

Download Principles of South African Constitutional Law book written by Bernard Bekink and published by with total hardcover pages 784 . Available in PDF, EPUB, and Kindle, read book directly with any devices anywhere and anytime.

Constitutional Deference Courts and Socio economic Rights in South Africa

Constitutional Deference  Courts and Socio economic Rights in South Africa Book
Author : Kirsty McLean
Publisher : PULP
Release : 2009
ISBN : 0981412483
File Size : 29,7 Mb
Language : En, Es, Fr and De

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Constitutional Deference Courts and Socio economic Rights in South Africa Book PDF/Epub Download

Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.

Constitutional Options for a Democratic South Africa

Constitutional Options for a Democratic South Africa Book
Author : Ziyad Motala
Publisher : Unknown
Release : 1994
ISBN : 0987650XXX
File Size : 31,8 Mb
Language : En, Es, Fr and De

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Constitutional Options for a Democratic South Africa Book PDF/Epub Download

Constitutional Options for a Democratic South Africa describes the unjust South African political and judicial apartheid system that exploited black South Africans. Ziyad Motala emphasizes the importance of a constitution and state system that would not only ameliorate the enormous inequalities generated by colonialism and apartheid but also ensure equal democratic rights and protection to all citizens in the post-apartheid South Africa. He carefully examines and compares the political outcomes of post-independent African states adopting (1) the Western liberal federal state, (2) the Soviet-inspired Marxist unitary state, or (3) the locally inspired one-party African socialist state. Motala weighs the relative merits of these state structures for dealing with the complex of democracy, socioeconomic development, and national unity in multiethnic states. He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.

Proportionality in Action

Proportionality in Action Book
Author : Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Publisher : Cambridge University Press
Release : 2020-04-30
ISBN : 1108497586
File Size : 54,6 Mb
Language : En, Es, Fr and De

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Proportionality in Action Book PDF/Epub Download

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Constitutional Adjudication in Africa

Constitutional Adjudication in Africa Book
Author : Charles Manga Fombad
Publisher : Oxford University Press
Release : 2017
ISBN : 0198810210
File Size : 42,5 Mb
Language : En, Es, Fr and De

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Constitutional Adjudication in Africa Book PDF/Epub Download

Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.

The Routledge Handbook of African Law

The Routledge Handbook of African Law Book
Author : Muna Ndulo,Cosmas Emeziem
Publisher : Routledge
Release : 2021-11-24
ISBN : 1351142348
File Size : 24,6 Mb
Language : En, Es, Fr and De

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The Routledge Handbook of African Law Book PDF/Epub Download

The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, and graduate and undergraduate students studying this ever-evolving field.