Book contents
- Towering Judges
- Comparative Constitutional Law and Policy
- Towering Judges
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Contributors
- Introduction: Towering Judges – A Conceptual and Comparative Analysis
- 1 Towering Judges and Global Constitutionalism
- 2 The Landscapes that Towering Judges Tower Over
- 3 Sir Anthony Mason: Towering Over the High Court of Australia
- 4 Lady Hale: A Feminist Towering Judge
- 5 Hugh Kennedy: Ireland’s (Quietly) Towering Nation-Maker
- 6 Judicial Rhetoric of a Liberal Polity: Hong Kong, 1997–2012
- 7 Judicial Minimalism as Towering: Singapore’s Chief Justice Chan Sek Keong
- 8 Nepal’s Most Towering Judge: The Honourable Kalyan Shrestha
- 9 Barak’s Legal Revolutions and What Remains of Them: Authoritarian Abuse of the Judiciary-Empowerment Revolution in Israel
- 10 PN Bhagwati and the Transformation of India’s Judiciary
- 11 Justice Cepeda’s Institution-Building on the Colombian Constitutional Court: A Fusion of the Political and the Legal
- 12 A Towering but Modest Judicial Figure: The Case of Arthur Chaskalson
- 13 Chief Justice Sólyom and the Paradox of “Revolution under the Rule of Law”
- 14 The Socialist Model of Individual Judicial Powers
- 15 The Civil Law Tradition, the Pinochet Constitution, and Judge Eugenio Valenzuela
- 16 Towering versus Collegial Judges: A Comparative Reflection
- Appendix
- Index
12 - A Towering but Modest Judicial Figure: The Case of Arthur Chaskalson
Published online by Cambridge University Press: 25 March 2021
- Towering Judges
- Comparative Constitutional Law and Policy
- Towering Judges
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Contributors
- Introduction: Towering Judges – A Conceptual and Comparative Analysis
- 1 Towering Judges and Global Constitutionalism
- 2 The Landscapes that Towering Judges Tower Over
- 3 Sir Anthony Mason: Towering Over the High Court of Australia
- 4 Lady Hale: A Feminist Towering Judge
- 5 Hugh Kennedy: Ireland’s (Quietly) Towering Nation-Maker
- 6 Judicial Rhetoric of a Liberal Polity: Hong Kong, 1997–2012
- 7 Judicial Minimalism as Towering: Singapore’s Chief Justice Chan Sek Keong
- 8 Nepal’s Most Towering Judge: The Honourable Kalyan Shrestha
- 9 Barak’s Legal Revolutions and What Remains of Them: Authoritarian Abuse of the Judiciary-Empowerment Revolution in Israel
- 10 PN Bhagwati and the Transformation of India’s Judiciary
- 11 Justice Cepeda’s Institution-Building on the Colombian Constitutional Court: A Fusion of the Political and the Legal
- 12 A Towering but Modest Judicial Figure: The Case of Arthur Chaskalson
- 13 Chief Justice Sólyom and the Paradox of “Revolution under the Rule of Law”
- 14 The Socialist Model of Individual Judicial Powers
- 15 The Civil Law Tradition, the Pinochet Constitution, and Judge Eugenio Valenzuela
- 16 Towering versus Collegial Judges: A Comparative Reflection
- Appendix
- Index
Summary
Arthur Chaskalson was appointed by President Nelson Mandela in 1994 as the first head of the newly created Constitutional Court of South Africa. As a consequence of his distinguished record as a leading human rights practitioner during the dark days of apartheid, he brought both moral and intellectual stature to the leadership of the new apex Court. During the decade of his leadership, the Court fashioned a coherent body of jurisprudence that gave meaningful content to a constitutional text that was passed into law in 1996. He was the social leader of the Court, ensuring that it became a cohesive and efficient institution for the vindication of constitutional rights. At the same time, from its inception, he was the intellectual leader of the Court. This was first evident in his judgment in S v Makwanyane (1995) in which he developed a new legal paradigm for constitutional adjudication in a decision that declared the death penalty to be unconstitutional.
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- Towering JudgesA Comparative Study of Constitutional Judges, pp. 236 - 254Publisher: Cambridge University PressPrint publication year: 2021