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The Politics of Principle - The First South African Constitutional Court, 1995-2005 (Hardcover, New)
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The Politics of Principle - The First South African Constitutional Court, 1995-2005 (Hardcover, New)
Series: Cambridge Studies in Constitutional Law
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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.
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