The Politics of Principle: The First South African Constitutional Court, 1995-2005 (Cambridge Studies in Constitutional Law)

The Politics of Principle: The First South African Constitutional Court, 1995-2005 (Cambridge Studies in Constitutional Law)


less than its first leader justice, Arthur Chaskalson, the South African Constitutional courtroom equipped an unrivalled popularity within the comparative constitutional legislation group for technically finished and morally enlightened decision-making. while, the courtroom proved remarkably potent in announcing its institutional function in post-apartheid politics. whereas every one of those accomplishments is noteworthy in its personal correct, the Court's simultaneous luck in criminal and political phrases calls for separate research. Drawing on and synthesising a number of insights from judicial politics and felony concept, this research deals an interdisciplinary reason behind the Chaskalson Court's success. instead of a in simple terms political technique of the sort modelled via rational selection theorists, the learn argues that the Court's fulfillment is because of a chain of adjudicative thoughts in numerous components of legislations. together, those innovations allowed the court docket to meet institutional norms of public reason-giving whereas whilst averting political assault.

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