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The Politics of Principle Theunis Roux (University of New South Wales, Sydney)

The Politics of Principle By Theunis Roux (University of New South Wales, Sydney)

The Politics of Principle by Theunis Roux (University of New South Wales, Sydney)


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Summary

This detailed case study of the performance of the South African Constitutional Court is aimed at comparative judicial politics scholars with an interest in the role of constitutional courts in new democracies and at political scientists and legal academics with an interest in South Africa.

The Politics of Principle Summary

The Politics of Principle: The First South African Constitutional Court, 1995-2005 by Theunis Roux (University of New South Wales, Sydney)

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. 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. 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. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack.

The Politics of Principle Reviews

'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 (www.globallawbooks.org/home.asp)

About Theunis Roux (University of New South Wales, Sydney)

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).

Table of Contents

Introduction; 1. The Chaskalson Court's achievement; 2. A conceptual framework for assessing the performance of constitutional courts in interdisciplinary terms; 3. Operationalising the conceptual framework to explain the Court's achievement; 4. The political context for judicial review, 1995-2005; 5. Constraints and opportunities: the law/politics distinction in South African legal-professional culture; 6. Death, desire and discrimination: the Chaskalson Court between constitutional and positive morality; 7. Social rights; 8. Property rights; 9. Political rights; 10. Cross-cutting strategies; 11. Conclusion.

Additional information

GOR013640610
9780521029803
0521029805
The Politics of Principle: The First South African Constitutional Court, 1995-2005 by Theunis Roux (University of New South Wales, Sydney)
Used - Good
Paperback
Cambridge University Press
20130328
447
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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