Theunis Roux's The Politics of Principle (Cambridge Studies in PDF

By Theunis Roux

less than its first leader justice, Arthur Chaskalson, the South African Constitutional court docket equipped an unrivalled attractiveness within the comparative constitutional legislation group for technically complete and morally enlightened decision-making. even as, 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 good fortune in criminal and political phrases calls for separate research. Drawing on and synthesising a variety of insights from judicial politics and felony conception, this learn deals an interdisciplinary reason for the Chaskalson Court's fulfillment. instead of a in simple terms political technique of the type modelled through rational selection theorists, the examine argues that the Court's success is caused by a chain of adjudicative recommendations in several parts of legislation. together, those options allowed the court docket to fulfill institutional norms of public reason-giving whereas even as heading off political attack.

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

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