This revisionary perspective on South Africa's celebrated
Constitutional Court draws on historical and empirical sources
alongside conventional legal analysis to show how support from the
African National Congress (ANC) government and other political
actors has underpinned the Court's landmark cases, which are often
applauded too narrowly as merely judicial achievements. Standard
accounts see the Court as overseer of a negotiated constitutional
compromise and as the looked-to guardian of that constitution
against the rising threat of the ANC. However, in reality South
African successes have been built on broader and more admirable
constitutional politics to a degree no previous account has
described or acknowledged. The Court has responded to this context
with a substantially consistent but widely misunderstood pattern of
deference and intervention. Although a work in progress, this
institutional self-understanding represents a powerful effort by an
emerging court, as one constitutionally serious actor among others,
to build a constitution.
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