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The South African Bill of Rights and Pluralism: A Comparative Perspective of Judicial Responses to Diversity
Paperback
ISBN13: 9781485153856
Publisher: Juta & Company Ltd
Published: May 1 2025
Pages: 732
Weight: 3.41
Height: 1.99 Width: 6.69 Depth: 9.61
Language: English
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.
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