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Hamlyn Lectures 2022: Courts and the Body Politic

By Kate O'Regan
Cambridge University Press September 2025

Specifications

ISBN-13
9781009545792
Publisher
Cambridge University Press
Publication
September 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Over the last half century, courts have come to play increasingly important roles in democracies. That role is studied by historians, political scientists, constitutional lawyers and political theorists, but it is also important to all who are concerned about the practice and future of democracy. This book explores why it is that courts are playing this expanded role, as well as exploring two of the most distinctive features of the role of courts: their relationship with the executive arm of government and the role of courts in protecting fundamental rights. The book argues that the role played by courts in modern democracies varies across time and place and depends on a range of factors including constitutional text, constitutional history, and legal and political culture.

This book draws on Justice O'Regan's experience as one of the first judges on South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994.

Table of Contents

1. The expanding role of courts in modern constitutions
2. Courts and the executive branch
3. Courts and human rights
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