The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa
This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights
Ten years after the Arab Spring, many parts of the Middle East and North Africa are struggling with the consequences of armed conflict, a balance of power tilted in favour of the executive and challenges to the rule of law. However, institutions charged with conducting constitutional review have been reformed substantially in most of the countries in those regions.
This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes.
The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union
Constitutional Deference, Courts and Socio-Economic Rights in South Africa by Kirsty McLean 2009 ISBN: 978-0-9814124-8-1 Pages: viii 246 Print version: Available Electronic version: Free PDF available