By Mark S. Kende
The South African Constitutional court docket has issued across the world trendy judgements abolishing the demise penalty, implementing socio-economic rights, permitting homosexual marriage and selling equality. those judgements are remarkable given the country's Apartheid prior and the absence of a grand human rights culture. against this, the U.S. perfect court docket has typically governed extra conservatively on comparable questions. This ebook examines the Constitutional courtroom intimately to figure out the way it has functioned in the course of South Africa's transition and compares its rulings to these of the U.S. ideally suited court docket on related rights concerns. The publication additionally analyzes the scholarly debate concerning the Constitutional courtroom happening in South Africa. It additionally addresses the arguments of these overseas students who've steered that constitutional courts don't in most cases lead to social switch. finally, the booklet highlights a transformative pragmatic approach to constitutional interpretation - a mode the U.S. excellent courtroom may hire.
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Additional info for Constitutional Rights in Two Worlds: South Africa and the United States
Constitution Help? (1994). 97 Francois du Bois & Daniel Visser, “The Influence of Foreign Law in South Africa,” 13 Transnat’l L. & Contemp. Probs. 593, 628–32 (2003). M. Davis, “Constitutional Borrowing: The Influence of Legal Culture and Local History in the Reconstitution of Comparative Influence: The South African Experience,” 1 Int’l J. Const. L. 181, 187 (2003) (“An American influence appeared in the document as well, albeit entering at a later stage. This later borrowing owed much to the intervention of Professor Halton Cheadle, South Africa’s most eminent labor lawyer, who had returned to South Africa from a sabbatical year at Harvard Law School.
11 Byrnes, supra n. htm (last visited Nov. 1, 2007). 12 Id. 13 Web, “Diamonds and British Consolidation”; Thompson, 64. 14 A young Cecil John Rhodes came to the area around that time, He gained control of the diamond industry and eventually was named prime minister of the British areas in southern Africa. Rhodes was the prototypical imperialist in that he did not hesitate to use force to protect British financial and political interests. His company, DeBeers, still dominates the South African diamond trade today and his legacy funds the Rhodes scholarships.
L. Sch. L. Rev. htm (last visited Oct. 31, 2007). 120 Byrnes, supra n. htm (last visited Nov. 3, 2007). 121 ANC official Thabo Mbeki and former President de Klerk of the NP became deputy presidents. The Constitutional Assembly began discussing and drafting the final Constitution in the face of great discord. 124 Recent developments in Zimbabwe highlight that issue’s importance. Numerous constitutional experts assisted the drafting process at both the interim and final stages. Several of those involved with the Interim Constitution, particularly the Bill of Rights Technical Committee, have already been mentioned.
Constitutional Rights in Two Worlds: South Africa and the United States by Mark S. Kende