UID:
almahu_9949568091902882
Format:
1 online resource.
ISBN:
9781000917482
,
1000917487
,
9781003366812
,
1003366813
,
9781000917550
,
100091755X
Series Statement:
Routledge research in public law
Content:
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.
Note:
1. Introduction; 2. The Multiple Dimensions of Judicial Legitimacy; 3. The Judicialisation of Politics; 4. Consequences of Judicialisation; 5. Politicisation of Law: The Judicial View; 6. The Difficulty in Achieving Judicial Effectiveness in a Judicialised Climate; 7. Tracing The Legitimacy of Intervention Strategies: The Judicial Response to the Judicialisation of Politics; 8. The Office of the Public Protector and the Court: A Wicked Problem Case Study; 9. Conclusion;
Additional Edition:
Print version: ISBN 9781000917550
Additional Edition:
Print version: ISBN 9781032433349
Additional Edition:
ISBN 1032433345
Additional Edition:
ISBN 9781032433356
Additional Edition:
ISBN 1032433353
Language:
English
Keywords:
Electronic books.
DOI:
10.4324/9781003366812
URL:
https://www.taylorfrancis.com/books/9781003366812
Bookmarklink
