A Transformative Justice

Essays in Honour of Pius Langa

Alistair Price, Michael Bishop (Herausgeber)

Buch | Hardcover

514 Seiten

2015
Juta Legal and Academic Publishers (Verlag)
978-1-4851-0877-1 (ISBN)

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The late Chief justice of South Africa, Pius Langa, was a remarkable man. He achieved so much in his life and touched many people with his quiet dignity, his generosity and his sparkling humour. As a lawyer, he had a profound impact on the establishment of South Africa's new democracy and the adoption of the country's Constitution. Through his work on the Constitutional court, he charted a path that would allow the country to reach what he called the 'vision of the Constitution'. As a man, he served as an example to many: He was strong, committed, empathetic, thoughtful and kind. A transformative justice: Essays in honour of Pius Langa and Acta Juridica 2015 pay tribute to this remarkable man and lawyer. The book has three sections: first, a series of personal tributes to Justice Langa; second, reflections on the work of the Constitutional court under Langa's leadership as well as aspects of his philosophy as a judge; and third, explorations of a variety of specific themes in his judgments, writings and speeches. The contributions to A transformative justice are written by eminent judges, academics and practitioners, many of whom worked closely with Langa.
The book addresses a broad range of practical and theoretical topics, including transformative constitutionalism, judicial dissent, the role of the people in constitutionalism, and legal education, as well as the areas of customary law, contract law, delict, administrative law, criminal law and procedure, and the protection of rights to equality, freedom of religion and culture.

Preface - Alistair Price and Michael Bishop; Personal tributes; Personal tribute to former Chief Justice Pius Langa - Dikgang Moseneke; Tribute to Pius Langa - Albie Sachs; Tribute to Chief Justice Pius Langa - Marumo Moerane; Working with Justice Langa on press freedom - Anshal Bodasing; Reflections on Justice Langa's court and philosophy; The Langa Court: Its distinctive character and legacy - Theunis Roux; The people, the court and Langa constitutionalism - James Fowkes; Humility, dissent and community: Exploring Chief Justice Langa's political and judicial philosophy - David Bilchitz; The importance of dissent: Two judgments in administrative law - Cora Hoexter; Transformative constitutionalism - Guiding light or empty slogan? - Jason Brickhill and Yana van Leeve; Legal transformation and legal education: Congruence or conflict? - Dennis Davis; Bridging the gap between people and the law: Transformative constitutionalism and the right to constitutional literacy - Tim Fish Hodgson; Reflections on themes in Justice Langa's judgments; Customary succession and the development of customary law: The Bhe legacy - Sindiso Mnisi Weeks; Bhe v Magistrate, Khayelitsha: A cultural conundrum, Fanonian alienation and an elusive constitutional oneness - Sanele Sibanda and Tshepo Bogosi Mosaka; Contractual obligation and the journey from natural law to constitutional law - Francois du Bois; State liability and accountability - Alistair Price; S v Williams: A springboard for further debate about corporal punishment - Ann Skelton; Can we discard the doctrine of legal guilt? - Pamela-Jane Schwikkard; On the reciprocal relationship between the rule of law and civil society - Stu Woolman; Constitutional protection of the right to privacy: The contribution of Chief Justice Langa to the law of search and seizure - Chuks Okpaluba; Equality beyond dignity: Multi-dimensional equality and Justice Langa's judgments - Catherine Albertyn and Sandra Fredman; On the limits of cultural accommodation: KwaZulu-Natal MEC for Education v Pillay - Okyerebea Ampofo-Anti and Michael Bishop.

Erscheint lt. Verlag	29.6.2015
Verlagsort	Kenwyn
Sprache	englisch
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
ISBN-10	1-4851-0877-2 / 1485108772
ISBN-13	978-1-4851-0877-1 / 9781485108771
Zustand	Neuware