Rights and Constitutionalism: The New South African Legal Order

Author:   Dawid Van Wyk (Professor of Law, Professor of Law, University of South Africa) ,  John Dugard (Professor of Law, Professor of Law, University of Witwatersrand) ,  Bertus de Villiers (Head of the Centre for Constitutional Analysis, Head of the Centre for Constitutional Analysis, Human Sciences Research Council, Pretoria) ,  Dennis Davis (Director of the Centre for Applied Legal Studies; Professor of Law, Director of the Centre for Applied Legal Studies; Professor of Law, University of Witwatersrand)
Publisher:   Oxford University Press
ISBN:  

9780198262251


Pages:   774
Publication Date:   24 October 1996
Format:   Hardback
Availability:   To order   Availability explained
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Rights and Constitutionalism: The New South African Legal Order


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Overview

This major work written by prominent South African academics is an introduction to the new constitutional order in South Africa. It places fundamental rights as affirmed in Chapter 3 of the South African Constitution in a comparative and international context. The authors draw heavily on the constitutional experience of countries such as Canada, India, Germany, and the United States, which greatly influenced the drafting of Chapter 3 of the Constitution. The study is shaped by principles that form the foundation of the new order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights.The book is divided into four parts. The first deals with constitutionalism, democracy, and constitutional interpretation. The second part provides an examination of the historical background of the 1993 Constitution and a description of the principal features of the Constitution. The third part contains an analysis of the key fundamental rights which constitutes the main purpose of the study. Detailed treatment is given to civil and political rights, social and economic rights, the concepts of equality and administrative justice, and the circumstances in which limitations may be imposed on rights. A separate chapter is devoted to the international protection of human rights as directed by Section 35(1) of the Constitution. The final part comprises a bibliography of the works cited in the text following the sequence of the chapters.This is a book which will be of interest to all constitutional law specialists and to many political scientists, particularly those with an interest in constitutionalism and constitutional litigation.

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Author:   Dawid Van Wyk (Professor of Law, Professor of Law, University of South Africa) ,  John Dugard (Professor of Law, Professor of Law, University of Witwatersrand) ,  Bertus de Villiers (Head of the Centre for Constitutional Analysis, Head of the Centre for Constitutional Analysis, Human Sciences Research Council, Pretoria) ,  Dennis Davis (Director of the Centre for Applied Legal Studies; Professor of Law, Director of the Centre for Applied Legal Studies; Professor of Law, University of Witwatersrand)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.80cm , Height: 4.50cm , Length: 24.60cm
Weight:   0.001kg
ISBN:  

9780198262251


ISBN 10:   0198262256
Pages:   774
Publication Date:   24 October 1996
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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This text is a veritable cornucopia of international and comparative law analyses as well as a comprehensive insight into the new South African legal order....It is well worth the investment. --The Law and Politics Book Review<br>


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