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OverviewFull Product DetailsAuthor: Kate DentPublisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.666kg ISBN: 9781032433349ISBN 10: 1032433345 Pages: 258 Publication Date: 28 July 2023 Audience: College/higher education , Tertiary & Higher Education Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsPreface 1 Introduction Lawfare and its permutations Lawfare in the international space Lawfare by insurgents Lawfare as a tool of authoritarianism Lawfare and the judicialisation of politics in South Africa Dominant party democracy The Constitutional Court’s unsettled role This book’s approach Constitutional resilience 2 The multiple dimensions of judicial legitimacy Concepts of legitimacy Political legitimacy Sociological legitimacy Legal legitimacy Moral legitimacy Conflict and interconnections Legitimacy and judicial-political dynamics Conclusion 3 The judicialisation of politics The “political” The institutional heritage of the legalisation of politics Reasons for judicialisation The nature of a Constitutional Court Constitutional patriotism Constitutional design Rights culture Administrative justice weaknesses Undoing unlawfulness unlawfully Abdication and institutional failings Institutional power imbalances Acquiescence to judicial power Making a distinction Conclusion 4 Consequences of judicialisation Political attack Separation of powers, relationships and conversations Backlash, curtailment and judicial retreat Dominance and dysfunction Abusive constitutionalism Judicialisation of politics and declining dominance Impunified disregard Conclusion 5 Politicisation of law: The judicial view Judicialisation of politics: effect on the judicial environment Enfolding the lower courts Judicial appointment Acting judges Commissions of inquiry Pervading influence, depleting responsibility Shifting blame Conclusion 6 The difficulty in achieving judicial effectiveness in a judicialised climate Non-compliance Conditions of effectiveness Judicialisation and the political salience of the case Clear legal authority Division and dissent Remedial action in institutional suits Authoritative legitimacy Conclusion 7 Tracing the legitimacy of intervention strategies Operating in hostility The formalist response Detachment Responsiveness Judicial statesmanship, responsiveness and the rule of law Judicial review and democratic legitimacy Holding public power to account The legitimacy of intervention The judicial response to lawfare tactics Conclusion 8 The Office of the Public Protector and the Court: A wicked problem case study Nkandla The effect of the CC’s Nkandla Judgment State capture Unintended consequences Personal cost orders and a motion of no confidence Analysis Conclusion 9 Conclusion Where things stand The South African crucible Laws authority From “illegitimacy” to legitimacy From legitimacy back to illegitimacy Judicialisation and identity politics The only sure bulwark Bibliography IndexReviews'The judicialisation of politics carries a risk of weakening the independence of, and public respect for, the judiciary. This book contains a clear and accessible exposition of this important topic. It deserves the urgent attention of all interested in politics and justice in South Africa - both lawyers and laypeople.' Richard Goldstone, Former Justice of the Constitutional Court of South Africa 'In this work the author conducts the first major analysis of the current weaponization of the judiciary. Though her analysis is largely focused on the South African judicial system, Dent applies a comparative approach that is very helpful to readers in the United State, the United Kingdom and elsewhere. In each of these systems political questions are increasingly being presented to judges and political pressures on courts as institutions for resolving extremely difficult political impasse are escalating. The book is highly recommended reading for jurists, lawyers and policy makers.' Lawrence Baxter, Distinguished Professor Emeritus, Duke University' 'Kate Dent's analysis of lawfare in the judicial setting is extraordinarily original and constitutes an extremely important contribution to the scholarship of this phenomena. Though her discussion is set in the context of the South African judiciary, it has obvious implications for other jurisdictions. I highly recommend her book to anyone wanting to understand how law might be employed in the 21st century.' Charles J. Dunlap, Jr., Major General, USAF (Ret.), Executive Director, Center on Law, Ethics and National Security, and Professor of the Practice of Law, Duke University School of Law "'The judicialisation of politics carries a risk of weakening the independence of, and public respect for, the judiciary. This book contains a clear and accessible exposition of this important topic. It deserves the urgent attention of all interested in politics and justice in South Africa - both lawyers and laypeople.' Richard Goldstone, Former Justice of the Constitutional Court of South Africa 'In this work the author conducts the first major analysis of the current ""weaponization"" of the judiciary. Though her analysis is largely focused on the South African judicial system, Dent applies a comparative approach that is very helpful to readers in the United State, the United Kingdom and elsewhere. In each of these systems political questions are increasingly being presented to judges and political pressures on courts as institutions for resolving extremely difficult political impasse are escalating. The book is highly recommended reading for jurists, lawyers and policy makers.' Lawrence Baxter, Distinguished Professor Emeritus, Duke University' 'Kate Dent’s analysis of lawfare in the judicial setting is extraordinarily original and constitutes an extremely important contribution to the scholarship of this phenomena. Though her discussion is set in the context of the South African judiciary, it has obvious implications for other jurisdictions. I highly recommend her book to anyone wanting to understand how law might be employed in the 21st century.' Charles J. Dunlap, Jr., Major General, USAF (Ret.), Executive Director, Center on Law, Ethics and National Security, and Professor of the Practice of Law, Duke University School of Law" Author InformationKate Dent received her doctorate from the School of Law, University of Cape Town, South Africa. Tab Content 6Author Website:Countries AvailableAll regions |
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