Lawfare and Judicial Legitimacy is popular PDF and ePub book, written by Kate Dent in 2023-07-28, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, Lawfare and Judicial Legitimacy can be Read Online from any device for your convenience.
Lawfare and Judicial Legitimacy Book PDF Summary
Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Detail Book of Lawfare and Judicial Legitimacy PDF
- Author : Kate Dent
- Release : 28 July 2023
- Publisher : Taylor & Francis
- ISBN : 9781000917550
- Genre : Law
- Total Page : 211 pages
- Language : English
- PDF File Size : 14,7 Mb
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