Constitutional Law Casebook, The

Product Details:
Author(s):
Brickhill, J ,
Ngcukaitobi, T and
Stein, N
Year Published:
2012
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
The Constitutional Law Casebook consists of approximately fifty case extracts from significant judgments handed down by South African courts.  The majority of the cases discussed are decisions of the Constitutional Court, although some extracts are from significant decisions of the Supreme Court of Appeal. The enclosed CD contains the full text of the judgments.
The cases are considered under separate themes, for example, separation of powers, equality, property etc. The extract selected from each case traces the development of the principles applicable to each particular category.
Key Benefits
 
Key cases for each topic in constitutional law are discussed.
An introductory question on the legal issues introduces each case.
A brief description of the factual background and the legal history of the case is provided.
Core legal issues to be determined by the Court are identified.
A description and factual background for each case is included.
Questions for class discussion or essay topics on each case are provided.
A CD-ROM containing the full text of the judgments accompanies the book.
An introductory question on the legal issues introduces each case discussion. This is followed by a brief description of the factual background and the legal history of the case.  The key legal issues to be determined by the Court are then identified. An extract of the relevant paragraphs of the decision itself follows, tracing the Court’s ratio decidendi in answering the introductory question. The order is quoted as well, where it provides a useful confirmation of the ratio decidendi.
Three to five questions for students follow each case extract. These are intended to spark debate around the issues raised in the judgment, to test comprehension of the decision and to encourage a deeper reflection on these issues. The questions may be used to initiate class discussions, or as essay topics for students.
Content
Part I: Constitutional History
Constitutional History: The Adoption of the Constitution
Constitutional History: The Amnesty Process
Part II: The Bill of Rights
Bill of Rights: Development of the Common Law 
Bill of Rights: Interpretation
Bill of Rights: Application
Bill of Rights: Limitation
Bill of Rights: Socio-Economic Rights
Bill of Rights: Equality
Bill of Rights: Land           
Bill of Rights: Customary Law
Bill of Rights: Religion
Bill of Rights: Freedom of Expression
Bill of Rights: Property
Part III: Principles & Structures of Government
Principles & Structures of Government: Rule of Law and Legality
Principles and Structures of Government: The Legislature
Principles and Structures of Government: The Executive
Principles and Structures of Government: The Judiciary
Principles and Structures of Government: Separation of Powers
Principles and Structures of Government: Institutions
Supporting Constitutional Democracy
Interest / Benefit to
Law students and lecturers of human rights and constitutional law
Legal practitioners