The Dignity Jurisprudence Of The Constitutional Court Of South Africa

Author : Drucilla Cornell
Publisher : Fordham Univ Press
ISBN 13 : 0823250083
Total Pages : 1016 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Drucilla Cornell and published by Fordham Univ Press. This book was released on 2013-07 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South Africa is widely considered to be the most sweeping in the world. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy.

Author : Drucilla Cornell
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Drucilla Cornell and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Drucilla Cornell
Publisher :
ISBN 13 : 9780823250301
Total Pages : 1015 pages
Book Rating : 4.0X/5 ( download)

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Download or read book The Dignity Jurisprudence of the Constitutional Court of South Africa written by Drucilla Cornell and published by . This book was released on 2013 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : A. J. Barnard-Naudé
Publisher : Juta and Company Ltd
ISBN 13 : 9780702181375
Total Pages : 316 pages
Book Rating : 4.74/5 ( download)

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Download or read book Dignity, Freedom and the Post-apartheid Legal Order written by A. J. Barnard-Naudé and published by Juta and Company Ltd. This book was released on 2009 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book pays tribute to the constitutional jurisprudence of Justice Laurie Ackermann, now retired from the Constitutional Court of South Africa. The collection of essays focuses specifically on the relationship between dignity and freedom in the post-apartheid legal order. The book provides a critical perspective on a central theme in South Africa's developing constitutional law and also brings into view emerging answers to fundamental jurisprudential questions of growing international prominence.

Author : Stu Woolman
Publisher : African Books Collective
ISBN 13 : 1920033785
Total Pages : 948 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Selfless Constitution written by Stu Woolman and published by African Books Collective. This book was released on 2021-07-28 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.

Author : Anne Hughes
Publisher : PULP
ISBN 13 : 1920538216
Total Pages : 659 pages
Book Rating : 4.17/5 ( download)

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Download or read book Human dignity and fundamental rights in South Africa and Ireland written by Anne Hughes and published by PULP. This book was released on 2014-04-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.

Author : Laurie Ackermann
Publisher : Juta and Company Ltd
ISBN 13 : 9780702199011
Total Pages : 468 pages
Book Rating : 4.1X/5 ( download)

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Download or read book Human Dignity written by Laurie Ackermann and published by Juta and Company Ltd. This book was released on 2012 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks the constitutional meaning of equality and unfair discrimination. Equality cannot be usefully debated without first asking the vital question 'Equality of what?' The answer, it is contended, must be 'human dignity'. The philosophical and Abrahamic religious roots of these constitutional concepts of dignity and equality are investigated, then further explored and illustrated in the comparative context of South African, German and Canadian constitutional jurisprudence. Clashes and tensions between rights inevitably occur when the equality and non-discrimination rights of a Bill of Rights are applied horizontally, that is between subjects of the state themselves. The human dignity of the contestants plays a vital role in resolving such tensions and conflicts. Human dignity moreover has a determining function when applying constitutionally mandated restitutionary (compensatory) equality and when determining what the legitimate extent and duration of such restitution is. These issues are also considered in a comparative constitutional context. Peer Reviews: 'Retired Justice Laurie Ackermann was one of the giants of the "Mandela Constitutional Court" appointed in 1994. His new book on human dignity matches the weight and the profundity of his judicial writing on the subject. It is an authoritative, lawyerly and commanding exposition of the value that is the key to South Africa's constitutional future-the dignity of all its peoples.' Justice Edwin Cameron, Justice of the Constitutional Court of South Africa 'In this work, the claim that it is the inherent dignity and worth of every human person that must inform the interpretation and enforcement of the constitutional right to equality is backed up, inter alia, by a useful exposition of the Kantian concept of dignity and an illuminating and context-sensitive engagement with comparative constitutional law. The author's argument is systematically developed within a range of contexts, including anti-discrimination law, disputes over the scope and limits of measures designed to remedy past injustices, and conflicts over the appropriate balance between equality and freedom in cases involving the horizontal application of the Bill of Rights. Throughout, the author presents a well-argued and robust defence of a constitutional vision which places the dignity of the individual at the heart of the Constitution's transformative project. This is an important contribution which is certain to stimulate further analysis and debate.' - Prof Henk Botha, University of Stellenbosch Law Faculty 'The most systematic, theoretically rich, and intellectually provocative treatment in the academic literature to date on the subject of human dignity in South Africa's evolving equality jurisprudence.' Prof Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty

Author : Drucilla Cornell
Publisher : Fordham Univ Press
ISBN 13 : 0823257606
Total Pages : 224 pages
Book Rating : 4.07/5 ( download)

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Download or read book Law and Revolution in South Africa written by Drucilla Cornell and published by Fordham Univ Press. This book was released on 2014-04-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

Author : Nyoko Muvangua
Publisher : Fordham Univ Press
ISBN 13 : 0823233820
Total Pages : 485 pages
Book Rating : 4.23/5 ( download)

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Download or read book UBuntu and the Law written by Nyoko Muvangua and published by Fordham Univ Press. This book was released on 2012 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.

Author : Michael Bishop (Lawyer)
Publisher : PULP
ISBN 13 : 0981412416
Total Pages : 363 pages
Book Rating : 4.12/5 ( download)

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Download or read book Constitutional Conversations written by Michael Bishop (Lawyer) and published by PULP. This book was released on 2008 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: