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"Under its first chief justice, Arthur Chaskalson, the South African Constitutional Court built an unrivalled reputation in the comparative constitutional law community for technically accomplished and morally enlightened decision-making. At the same time, the Court proved remarkably effective in asserting its institutional role in post-apartheid politics. While each of these accomplishments is noteworthy in its own right, the Court's simultaneous success in legal and political terms demands separate investigation. Drawing on and synthesising various insights from judicial politics and legal theory, this study offers an interdisciplinary explanation for the Chaskalson Court's achievement. Rather than a purely political strategy of the kind modelled by rational choice theorists, the study argues that the Court's achievement is attributable to a series of adjudicative strategies in different areas of law. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack"--
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1
Politics of Principle: The First South African Constitutional Court, 1995 2005
2014, Cambridge University Press
in English
110733649X 9781107336490
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Politics of Principle: The First South African Constitutional Court, 1995-2005
2013, Cambridge University Press
in English
1107619068 9781107619067
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4
Politics of Principle: The First South African Constitutional Court, 1995-2005
2013, Cambridge University Press
in English
1139005081 9781139005081
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5
Politics of Principle: The First South African Constitutional Court, 1995-2005
2013, Cambridge University Press
in English
1107333172 9781107333178
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6
Politics of Principle: The First South African Constitutional Court, 1995-2005
2013, University of Cambridge ESOL Examinations
in English
110701364X 9781107013643
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Politics of Principle: The First South African Constitutional Court, 1995-2005
2013, Cambridge University Press
in English
1107330882 9781107330887
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