Constitutional Rights in Two Worlds: South Africa and the United States

, by
Constitutional Rights in Two Worlds: South Africa and the United States by Mark S. Kende, 9780521879040
Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
  • ISBN: 9780521879040 | 0521879043
  • Cover: Hardcover
  • Copyright: 3/2/2009

  • Buy New

    This item is temporarily unavailable from the publisher, but is expected in soon. Place your order now and we will ship it as soon as it arrives.

    $93.57

The South African Constitutional Court has issued internationally prominent decisions abolishing the death penalty, enforcing socio-economic rights, allowing gay marriage and promoting equality. These decisions are striking given the country's Apartheid past and the absence of a grand human rights tradition. By contrast, the U.S. Supreme Court has generally ruled more conservatively on similar questions. This book examines the Constitutional Court in detail to determine how it has functioned during South Africa's transition and compares its rulings to those of the U.S. Supreme Court on similar rights issues. The book also analyzes the scholarly debate about the Constitutional Court taking place in South Africa. It furthermore addresses the arguments of those international scholars who have suggested that constitutional courts do not generally bring about social change. In the end, the book highlights a transformative pragmatic method of constitutional interpretation - a method the U.S. Supreme Court could employ.
Loading Icon

Please wait while the item is added to your bag...
Continue Shopping Button
Checkout Button
Loading Icon
Continue Shopping Button