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@ PDF Ebook The Politics of Principle (Cambridge Studies in Constitutional Law, 6), by Theunis Roux

PDF Ebook The Politics of Principle (Cambridge Studies in Constitutional Law, 6), by Theunis Roux

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The Politics of Principle (Cambridge Studies in Constitutional Law, 6), by Theunis Roux

The Politics of Principle (Cambridge Studies in Constitutional Law, 6), by Theunis Roux



The Politics of Principle (Cambridge Studies in Constitutional Law, 6), by Theunis Roux

PDF Ebook The Politics of Principle (Cambridge Studies in Constitutional Law, 6), by Theunis Roux

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The Politics of Principle (Cambridge Studies in Constitutional Law, 6), 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.

  • Sales Rank: #2746156 in eBooks
  • Published on: 2013-03-31
  • Released on: 2013-03-21
  • Format: Kindle eBook

Review
"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 the Author
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).

Most helpful customer reviews

0 of 1 people found the following review helpful.
Pedantic. Over-Theorized. Under-Researched.
By not me
When law professors grow tired of law they sometimes embrace political science, economics, sociology, or literary theory as tools for analyzing what "really" happens in courts. Books like "The Politics of Principle" are the result. It is not a book about South African constitutional law or a history of the epochal Chaskalson years (1995-2005) of the South African Constitutional Court. Instead, it uses a handful of judicial opinions as grist for a belabored analysis of the court in terms of judicial politics theory. Though not badly written, the book is a tour de force of armchair social science: if the author interviewed even one justice who served on the court, or one lawyer who practiced before it, or one ANC official who dealt with judicial matters, there's no sign of it in the footnotes. Instead, there is much speculation about "judging strategies" supposedly crafted to enhance the court's independence. There are also plenty of citations to law review articles and social science literature. Gag. Readers interested in the Constitutional Court should ignore "The Politics of Principle" and turn instead to Albie Sachs' "The Strange Alchemy of Life and Law."

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