Constitutional Law in Context (2nd Edition)

Description:

Understand the framework of South African democracy. Constitutional Law in Context is not just a list of rules; it is a narrative of South Africa’s transition from apartheid to a constitutional state. This 2nd Edition is the primary text for many LLB modules because it explains how the Constitution functions as a tool for social transformation and the protection of human rights.

• Contextual Approach: It explains why the law is the way it is by looking at South Africa’s history and the socio-economic challenges the Constitution aims to solve.

• Separation of Powers: Clear explanations of the relationship between the Executive, the Legislature, and the Judiciary.

• Bill of Rights Focus: Detailed analysis of fundamental rights, including the standard for when those rights can be limited.

• Current Case Law: Includes landmark Constitutional Court judgments that have shaped South African life.

Key Topics Covered:

• Founding Provisions: The values of human dignity, equality, and freedom.

• The Bill of Rights: A deep dive into section 36 (The Limitation Clause) and how rights are balanced.

• State Institutions: The role of the Public Protector, the Auditor-General, and the Electoral Commission (Chapter 9 institutions).

• Cooperative Governance: How national, provincial, and local government spheres interact.

• Judicial Review: The power of the courts to declare laws or executive actions unconstitutional.

Key Specifications:

• ISBN-13: 9780190746162

• Editors: Pierre de Vos and Warren Freedman

• Publisher: Oxford University Press South Africa

• Edition: 2nd Edition

• Format: Physical Softcover