Courts and the Body Politic
Courts and the Body Politic
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GBPOver the last half century, courts have come to play increasingly important roles in democracies. That role is studied by historians, political scientists, constitutional lawyers and political theorists, but it is also important to all who are concerned about the practice and future of democracy. This book explores why it is that courts are playing this expanded role, as well as exploring two of the most distinctive features of the role of courts: their relationship with the executive arm of government and the role of courts in protecting fundamental rights. The book argues that the role played by courts in modern democracies varies across time and place and depends on a range of factors including constitutional text, constitutional history, and legal and political culture. This book draws on Justice O'Regan's experience as one of the first judges on South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994.
- Provides an up-to-date and accessible account of the role courts play in modern democracies
- Explores the relationship between courts and the executive and explains why this relationship is often tense and difficult
- Draws on the author's experience both as a judge on South Africa's Constitutional Court and the Namibian Supreme Court, as well as her experience as a scholar at the University of Cape Town and the University of Oxford
Product details
August 2025Hardback
9781009545792
128 pages
216 × 140 mm
0.305kg
Available
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Table of Contents
- 1. The expanding role of courts in modern constitutions
- 2. Courts and the executive branch
- 3. Courts and human rights.
