The Politics of Principle by Theunis Roux
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.-
Parliamentary Sovereignty
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Legal Sabotage
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A.V. Dicey and the Common Law Constitutional Tradition
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Global Gender Constitutionalism and Women's Citizenship
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The Anti-Nazi Origins of Militant Democracy
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Constitutionalizing the Private Sphere
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Courts in the Age of Polarization
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Militant Rule of Law
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Judging for Democracy
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Local Meanings of Proportionality
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Australia's Constitution after Whitlam
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Administrative Competence
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Europe's Second Constitution
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Judges on Trial
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Lawyering for the Rule of Law
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The New Commonwealth Model of Constitutionalism
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Property Rights and Social Justice
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The Veiled Sceptre
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Proportionality
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Beyond Expropriation Without Compensation
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Constitutional Dialogue
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Dimensions of Dignity
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Fundamental Rights and the Legal Obligations of Business
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The Alchemists
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Non-Statutory Executive Powers and Judicial Review
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Bills of Rights in the Common Law
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Balancing Constitutional Rights
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Courting Constitutionalism
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Searching for the State in British Legal Thought
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Reason of State
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Parliamentary Bills of Rights
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Building the Constitution
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Hans Kelsen on Constitutional Democracy
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Alter-Native Constitutionalism
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The Collaborative Constitution
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The Failures of Others
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Proportionality and Constitutional Culture
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Proportionality in Action
'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)
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).
| SKU | Unavailable |
| ISBN 13 | 9781107013643 |
| ISBN 10 | 110701364X |
| Title | The Politics of Principle |
| Author | Theunis Roux |
| Series | Cambridge Studies In Constitutional Law |
| Condition | Unavailable |
| Binding Type | Hardback |
| Publisher | Cambridge University Press |
| Year published | 2013-03-28 |
| Number of pages | 450 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |