Constitutional Law in Context: Volume 1 2Nd Ed
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Seat Intro.Fm
Is This Seat Taken? Conversations at the Bar, the Bench and the Academy about the South African Constitution Stu Woolman & David Bilchitz (eds) 2012 Is this Seat Taken? Conversations at the Bar, the Bench and the Academy about the South African Constitution Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.za Cover: Yolanda Booyzen, Centre for Human Rights ISBN: 978-0-920538-07-1 © 2012 TABLE OF CONTENTS PREFACE vii Rationality is dead! Long live rationality! Saving 1 1 rational basis review Michael Bishop The content and justification of rationality 37 2 review Alistair Price Taking diversity seriously: Religious associations and 75 3 work-related discrimination Patrick Lenta On the fragility of associational life: 111 4 A constitutive liberal’s response to Patrick Lenta Stu Woolman Migration, street democracy and expatriate voting 141 5 rights Wessel le Roux Constitutional -
2018 Making the Road by Wal
2018 Making the road by walking: The evolution of the South African Constitution Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: BusinessPrint, Pretoria To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 86 610 6668 [email protected] www.pulp.up.ac.za Cover: Kirsten Cosser Yolanda Booyzen, Centre for Human Rights, University of Pretoria Photo credit: The Constitutional Court website – www.constitutionalcourt.org.za ISBN: 978-1-920538-75-0 © 2018 For Nelson Rolihlala Mandela, who walked long with us and whose walk has not yet ended TABLE OF CONTENTS Foreword ix Contributors xi Introduction 1 1 Introduction 1 1.1 Making the road by walking 1 1.2 The composition of the first Bench 3 1.3 The evolution of the South African Constitution 6 1.4 Social justice 8 1.5 Constitutional interpretation and amendment 11 1.6 The limits of constitutional transformation 14 1.7 Do we really need the Constitution? 16 2 Structure of the book 18 2.1 Lourens Ackermann 19 2.2 Richard Goldstone 20 2.3 Johann -
Making the Road by Walking: the Evolution of the South African Constitution
2018 Making the road by walking: The evolution of the South African Constitution Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: BusinessPrint, Pretoria To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 86 610 6668 [email protected] www.pulp.up.ac.za Cover: Kirsten Cosser Yolanda Booyzen, Centre for Human Rights, University of Pretoria Photo credit: The Constitutional Court website – www.constitutionalcourt.org.za ISBN: 978-1-920538-75-0 © 2018 For Nelson Rolihlala Mandela, who walked long with us and whose walk has not yet ended TABLE OF CONTENTS Foreword ix Contributors xi Introduction 1 1 Introduction 1 1.1 Making the road by walking 1 1.2 The composition of the first Bench 3 1.3 The evolution of the South African Constitution 6 1.4 Social justice 8 1.5 Constitutional interpretation and amendment 11 1.6 The limits of constitutional transformation 14 1.7 Do we really need the Constitution? 16 2 Structure of the book 18 2.1 Lourens Ackermann 19 2.2 Richard Goldstone 20 2.3 Johann -
A Critical Analysis of Political Influence on the Judicial Appointments Process in South Africa
A Critical Analysis of Political Influence on the Judicial Appointments Process in South Africa MD Moremi orcid.org 0000-0002-4582-8616 Dissertation accepted in fulfilment of the requirements for the degree Master of Laws in Public Law and Legal Philosophy at the North-West University Supervisor : Dr SJ Sedumedi Graduation ceremony : April 2019 Student Number : 24635677 DECLARATION BY CANDIDATE I, Molebatsi Daniel Moremi duly declare that this dissertation for the degree of Master of Laws with Public Law and Legal Philosophy at the North West University hereby submitted, has not previously been tendered by me for a degree at this or other University. Furthermore, it is my original work in design, structure and execution, all materials and sources contained herein are duly acknowledged. Signature: ………………………………………………… University number: 24635677 Signed at …………………..this………..day of……………………………..20…… i AKNOWLEDGEMENTS Praise to the mighty living God for his mercy, strength and wisdom throughout my lifetime, more especially during my academic journey. I would like to extend my gratitude to the following: My family : for their support, love, care and motivation Dr SJ Sedumedi : through his selfless supervision and guidance that enabled me to complete my dissertation against all odds. North-West University : For giving me financial aid and available resources to pursue the degree in Master of Laws. Law Faculty Staff : For their inspiration and motivation. ii LIST OF ABBRIVIATIONS ANC African National Congress ASR African Security Review ASSAL