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International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa

Lourens du Plessis

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0012
Subject:
Law, Public International Law

This chapter addresses the approach to international law taken by the Constitutional Court of South Africa. It shows that the South African courts' openness to and positive disposition towards ... More


South Africa’s First Constitutional Court: 1995–2005

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter explores how the Constitutional Court of South Africa invoked the memory of apartheid during its first decade of operation. It shows how the Court did so frequently and aggressively—at ... More


Chasing Rainbows: 2005–2020

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter highlights how the Constitutional Court of South Africa has engaged with the memory of apartheid since 2005. It shows how many of the patterns of earlier years persisted—aggressive ... More


Emergence and Diffusion

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0003
Subject:
Political Science, Political Theory

This chapter charts how proportionality has developed into a global principle of constitutional law. The German Federal Constitutional Court constitutionalized the proportionality principle, which ... More


Conclusion: Memory in the Balance

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This conclusion takes stock of the preceding chapters. It asks whether courts should invoke the memory of historical evil and, if so, how. It summarizes the virtues, defects, and dangers of the ... More


Where Dignity Ends and uBuntu Begins: A Response by Yvonne Mokgoro and Stu Woolman

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0010
Subject:
Philosophy, Political Philosophy

This chapter was written by an Emeritus Consttutional Judge and a South African Professor as a response to Chapter 8. Emeritus Justice Yvonne Mokgoro is known as one of the leading scholars of ... More


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