Building the Constitution - The Practice of Constitutional Interpretation in Post Apartheid

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

List of contents

1. Introduction; 2. Taking reality (legally) seriously; 3. Voting rights, politics, and trust; 4. The role of the Court: standard conceptions; 5. The role of the Court: constitution-building; 6. LGBTI equality; 7. Democracy; 8. Socio-economic rights; 9. Equality, eviction and engagement.

About the author

James Fowkes is a former clerk at the South African Constitutional Court and studied law at the University of the Witwatersrand, Johannesburg and Yale Law School, Connecticut. He is currently a senior researcher at the Institute for International and Comparative Law in Africa, University of Pretoria.

Summary

This book offers comparative constitutional lawyers, political scientists and historians a revisionary perspective on the South African Constitutional Court. It analyses for the first time the political underpinnings of the Court's great cases and explains the underappreciated logic of intervention and restraint that runs through its work.

Product details

• Authors: James Fowkes, Fowkes James
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.12.2018
• EAN: 9781107561151
• ISBN: 978-1-107-56115-1
• No. of pages: 414
• Series: Cambridge Studies in Constitutional Law; Cambridge Studies in Constitut; Cambridge Studies in Constitutional Law
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; LAW / Constitutional, Republic of South Africa, Constitutional & administrative law, Constitutional and administrative law: general