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Record Nr. |
UNINA9910829585203321 |
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Titolo |
Falls the shadow : between the promise and the reality of the South African Constitution / / edited by Kristina Bentley, Laurie Nathan & Richard Calland ; Monique Cleghorn, cover design |
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Pubbl/distr/stampa |
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Cape Town, South Africa : , : UCT Press, , 2013 |
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©2013 |
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ISBN |
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Descrizione fisica |
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1 online resource (229 pages) |
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Disciplina |
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Soggetti |
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Constitutional law - South Africa |
Civil rights - South Africa |
Democracy - South Africa |
South Africa Politics and government 1994- |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references at the end of each chapters and index. |
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Nota di contenuto |
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Front cover; Title page; Copyright; Table of contents; List of contributors; Foreword; Acknowledgements; Acronyms; Table of cases; Introduction: Mind the gap! The Constitution as a blueprint for security; The Constitution as a blueprint for security; Government constrained by law; The gap between the constitutional promise and the reality; Outline of the book; Conclusion; End notes; References; Chapter 1: You can't eat the Constitution: Is democracy for the poor?; 1.1 Introduction; 1.2 Progress and challenges in the alleviation and eradication of poverty |
1.2.1 Income poverty: Progress and challenges 1.2.2 Human capital poverty; 1.2.3 Asset poverty; 1.2.4 Economic growth and employment; 1.2.5 Inequalities; 1.3 Gap between promises and performance: Basis and implications; 1.3.1 Basis for the challenges; 1.3.2 Implications and consequences of high levels of poverty and inequality; 1.4 Ensuring democracy for the poor; 1.5 Conclusion; End notes; References; Chapter 2: Access to justice: The role of legal aid and civil society in protecting the poor; 2.1 Introduction; 2.2 Background: Access to justice and public interest litigation in South Africa |
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2.3 The development of the Legal Aid Board 2.3.1 Reconstitution of the LAB in 1996; 2.3.2 An emerging and expanding mandate: 1996-2006; 2.3.3 Consolidation and challenges in the period: 2007-2011; 2.4 The role of civil society, past and present; 2.5 Landmark cases; 2.5.1 Access to justice and the right to legal representation; 2.5.2 Social and economic rights: Housing, land and healthcare; 2.6 Recent positive developments; 2.7 Conclusion; End notes; References; Chapter 3: Security and the Constitution: Xenophobia. Whose rights? Whose safety?; 3.1 Introduction |
3.2 Non-nationals enjoy constitutional rights in theory in South Africa 3.3 International response to xenophobia in South Africa; 3.4 The 2008 xenophobic crisis; 3.5 The SAHRC's response to the xenophobic crisis; 3.6 The impact on economic and social rights; 3.7 The impact on civil and political rights; 3.8 Victims of xenophobia have little access to remedies; 3.9 Few perpetrators were held accountable for the xenophobic violence; 3.10 Conclusion; End notes; References; Chapter 4: Custom and constitutional rights: An impossible dialogue?; 4.1 Introduction; 4.2 Village case studies |
4.2.1 Masakhane 4.2.2 Ndlambe; 4.2.3 Prudhoe; 4.2.4 Rabula; 4.3 Historical evolution of tribal governance; 4.3.1 Apartheid co-option of traditional leaders; 4.3.2 Rural democratic struggles; 4.4 Traditional leadership in the Constitution; 4.5 Impact of the TLGFA in the four villages; 4.6 Traditional leaders and the democratisation of rural local government; 4.7 Who makes customary law?; 4.8 Democracy and tradition: the permanence of co-option; 4.9 Conclusion; End notes; References; Chapter 5: Access to social security: The case of mining diseases in South Africa; 5.1 Introduction |
5.2 The right to access social security and compensation for mining diseases |
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Sommario/riassunto |
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The gap between the promise of the South African constitution and the reality of life for most South Africans is a significant problem that requires urgent attention, and this book explores that gap-its causes, its meaning, and its implications. On the face of it, the country's constitution provides for the security of all the people in South Africa; yet most of the population is socially, economically, physically, and psychologically insecure. Falls the Shadow looks at the causes, meaning, and implications of this gap and tackles these subjects in a forthright and rigorous fashion, alerting |
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