Human dignity, equality, and freedom are central to the South African Constitution. This book examines these values through a conflictual democratic lens, which views conflict, power, and disagreement as constitutive of democracy. The book explores the capacity of value-based constitutional interpretation to create openings for democratic dialogue and emancipatory social struggles. Conversely, it also assesses the ability of constitutional interpretation to normalise and depoliticise domination, inequality, and exclusion. ...
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Human dignity, equality, and freedom are central to the South African Constitution. This book examines these values through a conflictual democratic lens, which views conflict, power, and disagreement as constitutive of democracy. The book explores the capacity of value-based constitutional interpretation to create openings for democratic dialogue and emancipatory social struggles. Conversely, it also assesses the ability of constitutional interpretation to normalise and depoliticise domination, inequality, and exclusion. The book uses a conflictual frame to shed light on the interplay between the universality of dignity, equality, and freedom and the particularity of the discourses and conventions that mediate their interpretation and enforcement. It argues that such a frame could enable realistic assessments of the ability of the constitutional order to safeguard spaces for emancipatory struggles and respond to radical demands for the reconstitution of society. Drawing on the text of the Constitution, case law, academic commentary, and constitutional, political, and critical legal theory, this book will be an important read for researchers of constitutional law and critical legal theory, both within South Africa and beyond. Henk Botha is a Professor in the Faculty of Law, Stellenbosch University, South Africa.
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Add this copy of Conflictual Democracy and the South African to cart. $178.49, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2025 by Routledge.
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Fine. Sewn binding. Cloth over boards. 244 p. Routledge Contemporary South Africa. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
Add this copy of Conflictual Democracy and the South African to cart. $222.06, new condition, Sold by GreatBookPrices rated 4.0 out of 5 stars, ships from Columbia, MD, UNITED STATES, published 2025 by Routledge.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
New. Sewn binding. Cloth over boards. 244 p. Routledge Contemporary South Africa. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
