The South African Bill of Rights and Pluralism: A Comparative Perspective of Judicial Responses to Diversity

Product Details:
Author(s):
de Villiers, B
Year Published:
2025
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
The South African Bill of Rights and Pluralism critically analyses how courts have paid homage to the directive of the Constitution to reflect on, respect, accommodate, and celebrate the plurality and diversity of the South African people. The book focuses through the eyes of the courts on pluralism, both within the context of legal pluralism, which signifies accommodating different legal systems within the same country, as well as recognising ethnocultural and indigenous pluralism that reflect the rainbow cultural diversity of South Africa. The South African Bill of Rights and Pluralism critically considers the reasoning of courts in topical fields such as mother-tongue education, hate speech, customary law, and religious rights. De Villiers does not shy away from the challenges faced by the courts, but he also gives credit to the way in which South African jurisprudence has become cited in international courts and literature. Topics such as the lawfulness of the song ‘Kill the Boer Kill the Farmer’, the interaction between constitutional norms and customary law, and the use of Ubuntu by courts, all fall within this analysis. The South African Bill of Rights and Pluralism is aimed at a wide audience ranging from top level researchers to members of the public who may seek an independent and honest assessment of the responses of the courts to pluralism and diversity. Legal practitioners and students will find the case references and analyses insightful, while the public will enjoy the easy style and uncomplicated way in which De Villiers reviews 30 years of constitutional history. 
Content
Chapter 1: Diversity: A Beautiful Difficulty
Chapter 2: Pluralism In Law: Pathway to the Rainbow Nation
Chapter 3: Constitution Drafting and Certification
Chapter 4: Benchmarks in International Law for the Protection of Identity Rights
Chapter 5: Hate Speech versus Speech that we Hate: Striking A balance between Freedom of Expression and Protection against Hate in a Plural Society – The Old Flag and Kill the Boer Cases
Chapter 6: Impact of Ubuntu on South African Jurisprudence: From a source of Rights to a Customary Way to explain Complex Judgments
Chapter 7: Recognition and Restoration of Indigenous Peoples’ Rights to Land: Free, Prior and Informed Consent – Theory and Practice
Chapter 8: Religious Rights: The Real Test of Legal Pluralism in Liberal Democracies
Chapter 9: Educational Rights and Mother-Tongue Teaching: The Challenge in Plural Societies to Balance Accessibility, Non-Discrimination and Equality while Promoting Language Identity
Chapter 10: Recognition of Customary Law: Harmonising Tradition with Modernity (or the Other Way Around?)
Chapter 11: The Bill of Rights and Pluralism: Reflection on South African Jurisprudence
Bibliography
Index
Interest / Benefit to
Professional
Judges
Commissioners
Employers
Employees