Devenish on Interpretation – Vol 2: Constitutional Interpretation

Product Details:
Author(s):
Devenish, G
Year Published:
2025
Edition
Vol 2
Type:
Print | Hard Cover
Language:
English
About this publication
Devenish on Interpretation: Constitutional Interpretation is the second volume of a two-volume tome dealing specifically with constitutional interpretation. This volume is devoted, inter alia, to the jurisprudential nature of judicial review, its genesis and its important consequences for interpretation in general.
There are chapters devoted to the important principles of constitutional interpretation and the doctrines and concepts that influence such interpretation. There are separate chapters on the genesis of the concept of a Bill of Rights and the limitation of rights, as well as chapters on constitutional law procedures and the methodological techniques deployed in constitutional interpretation.
Penultimately there is a chapter involving the discussion of significant cases that illustrate in a holistic and decompartmentalised manner how the courts address constitutional interpretation. This approach is referred to by the author as teleological/value-based evaluation, which involves deontic reasoning, as explained in chapter 11 of volume 1. The last chapter, entitled ‘Conclusion and Prognosis’, is a synopsis of the stance adopted by the author to constitutional interpretation in volume two with reference to seminal case law.
Content
Chapter 14: Issues Affecting Constitutional Interpretation in South Africa
Chapter 15: Judicial Review
Chapter 16: Important Principles of Constitutional Interpretation
Chapter 17: Doctrines and Concepts Inherent in Constitutional
Interpretation
Chapter 18: The Genesis of the Bill of Rights and the Limitation of Rights
Chapter 19: Constitutional Interpretation and Procedural Issues
Chapter 20: The Methodology of Constitutional Interpretation
Chapter 21: Discussion of Significant Cases Relating to the Constitutional Interpretation of Human Rights
Chapter 22: Conclusion and Prognosis
Interest / Benefit to
Legal practitioners, judges, legal academics, researchers, government officials, policy makers.