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Home > Law > Law General & Other > Comparative > Constitutional Rights in Two Worlds
Published: 02-2009
Sales rank: 121111

Constitutional Rights in Two Worlds

by Kende, Mark S.
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Constitutional Rights in Two Worlds
The South African Constitutional Court has issued internationally prominent decisions abolishing the death penalty, enforcing socio-economic rights, allowing gay marriage and promoting equality. These decisions are striking given the countryís Apartheid past and the absence of a grand human rights tradition. By contrast, the U.S. Supreme Court has generally ruled more conservatively on similar questions. This book examines the Constitutional Court in detail to determine how it has functioned during South Africaís transition and compares its rulings to those of the U.S. Supreme Court on similar rights issues. The book also analyzes the scholarly debate about the Constitutional Court taking place in South Africa. It furthermore addresses the arguments of those international scholars who have suggested that constitutional courts do not generally bring about social change. In the end, the book highlights a transformative pragmatic method of constitutional interpretation - a method the U.S. Supreme Court could employ.


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Title of ebook: Constitutional Rights in Two Worlds
ISBN: 9780511512629
parent-ISBN: 9780521879040
Publisher: Cambridge University Press
Internet download file size: 1406 kb
Pages: 336
Published: 02-2009
Released online for download: 02-28-2009
Author of eBook: Kende,Mark S.

NEW! Sales rank: 121111
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