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Dignity, Freedom and the Post-apartheid Legal Order
This book pays tribute to the constitutional jurisprudence of Justice Laurie Ackermann, now retired from the Constitutional Court of South Africa. The collection of essays focuses specifically on the relationship between dignity and freedom in the post-apartheid legal order. The book provides a critical perspective on a central theme in South Africa's developing constitutional law and also brings into view emerging answers to fundamental jurisprudential questions of growing international prominence.
The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
Human Dignity
An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.
Courts and Comparative Law
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Controversies in the Common Law
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
South Africa’s Constitution at Twenty-one
‘... in the new South Africa there is nobody, not even the president, who is above the law; that the rule of law generally, and in particular the independence of the judiciary, should be respected.’ – Nelson Mandela In late 1996, South Africa’s Constitution acquired the force of law. Its Bill of Rights enshrined a range of fundamental rights to which all South Africans are entitled. In a marked breach with the past, citizens’ rights would no longer depend upon the pigment of their skin or other idiosyncratic features. Today, 21 years since its inception, the Constitution has acquired an almost mythical status, both at home and abroad. Yet, crucially, its primary impact has been on ...
Constituting Economic and Social Rights
This book will appeal to are range of constitutional and public legal scholars and practitioners, and will appeal to both audiences of human rights practice, and those following legal theory. First, the book presents a breakthrough in constitutional argument about economic and social rights, long debated in constitutional rights scholarship and public law. It provides an important collection of comparative developments, new analytical constructs, and contemporarydevelopments in rights theory. Second, the book draws on comparative constitutional law to inform and develop debates in international human rights law. This audience will learn how new approaches tointerpretation, enforcement, adjudication, justiciability, and deliberation, may advance international and transnational human rights advocacy, argument and reasoning. Third, the book informs the interdisciplinary debates of food, health care, housing, education and water law.
Human Origins and the Image of God
How did human beings originate? What, if anything, makes us unique? These questions have long been central to philosophers, theologians, and scientists. This book continues that robust interdisciplinary conversation with contributions from an international team of scholars whose expertise ranges from biology and anthropology to philosophical theology and ethics. The fourteen chapters in this volume are organized around Wentzel van Huyssteen's pioneering work in human rationality, embodiment, and evolutionary history. Bringing a variety of diverse perspectives to bear on a hotly debated issue, Human Origins and the Image of God showcases new research by some of today's finest scholars working on questions regarding human origins and human uniqueness.
The Humanist Imperative in South Africa
This book is an outcome of the conversation that occurred during the five days of intense discussion at two symposia initiated by the New Humanism Project. The struggle for a more humane society is both local and universal, and increasingly these are connected in our time. So while the conversation focused specifically on South Africa, the discussion was neither parochial nor insular in its scope and character. Hopefully, then, people beyond South Africa will find the contents of this book of value for them in terms of their own contexts.
