Download PDF by Mark S. Kende: Constitutional Rights in Two Worlds: South Africa and the

By Mark S. Kende

ISBN-10: 0521879043

ISBN-13: 9780521879040

The South African Constitutional courtroom has issued across the world in demand judgements abolishing the demise penalty, implementing socio-economic rights, permitting homosexual marriage and selling equality. those judgements are remarkable given the country's Apartheid earlier and the absence of a grand human rights culture. in contrast, the U.S. excellent courtroom has in most cases governed extra conservatively on related questions. This booklet examines the Constitutional courtroom intimately to figure out the way it has functioned in the course of South Africa's transition and compares its rulings to these of the U.S. excellent courtroom on related rights concerns. The e-book additionally analyzes the scholarly debate in regards to the Constitutional court docket occurring in South Africa. It in addition addresses the arguments of these overseas students who've advised that constitutional courts don't more often than not result in social switch. finally, the publication highlights a transformative pragmatic approach to constitutional interpretation - a style the U.S. ideally suited court docket may hire.

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120 116 Klug, supra n. 56 at 115. 117 Monique Deveaux, “Liberal Constitutions and Traditional Cultures: The South African Customary Law Debate,” Vol. 7 Citizenship Studies No. 2 161 (2003). 118 Spitz, supra n. 48 at 191–210. L. Sch. L. Rev. htm (last visited Oct. 31, 2007). 120 Byrnes, supra n. htm (last visited Nov. 3, 2007). 121 ANC official Thabo Mbeki and former President de Klerk of the NP became deputy presidents. The Constitutional Assembly began discussing and drafting the final Constitution in the face of great discord.

Id. at 83. 152 It was unclear whether the United States was really one nation or several.

16 Byrnes, supra n. htm (last visited Nov. 1, 2007). 17 Christina Murray & Richard Simeon, “Recognition without Empowerment,” 5 Int’l J. Con. L. 699, 700 n. 6 (2007). 18 Blacks also could not serve in the Britishrun Cape Parliament. Eventually, various Afrikaaner parties merged and became the South African Party. It enacted many racist measures and assumed power over large amounts of indigenous land. 19 A dominion has more autonomy than a colony but still ultimately remains in the British empire.

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Constitutional Rights in Two Worlds: South Africa and the United States by Mark S. Kende


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