The Politics of Principle: The First South African Constitutional Court, 1995-2005 by Roux, Theunis

ISBN:9781107619067

Cambridge University Press, 20 May 2013

Paperback, 447 PAGES

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.

Editorial Reviews

Review
"The Politics of Principle is a landmark book for those interested in South African politics, history, law, and the interaction between these disciplines."
Athanasia Hadjigeorgiou, Global Law Books (www.globallawbooks.org/home.asp)

Book Description
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.

About the Author
Theunis Roux is Professor of Law at the University of New South Wales, Sydney, Australia. He is a former Secretary-General of the International Association of Constitutional Law (IACL) and the Founding Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC).