| 000 -LEADER |
|---|
| fixed length control field |
01589nam a2200169 4500 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
190501b ||||| |||| 00| 0 eng d |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
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| Personal name |
Brett, Peter |
| 245 ## - TITLE STATEMENT |
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| Title |
Who are judicial decisions meant for? The ‘global community of law’ in Southern Africa |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
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| Date of publication, distribution, etc |
2018 |
| 300 ## - PHYSICAL DESCRIPTION |
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| Extent |
p.585-599. |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc |
Rationalist models of judicial decision-making expect courts to defend their institutional integrity in politically sensitive cases. This article presents two African case studies of courts not doing so. They have elicited predictable backlash from executives and placed their institutions in avoidable danger. I argue that judges’ desire for esteem from emerging global judicial networks can explain this otherwise puzzling behaviour. These new networks become particularly salient in human rights cases. This conclusion partially supports Anne-Marie Slaughter’s controversial claims about the significance of ‘the global community of law’ but also identifies risks this poses for courts’ domestic authority. The argument is made with reference to two recent and well-known decisions by the High Court of Botswana and the Southern African Development Community Tribunal. The first case, Sesana (2006), dealt with the vexed question of indigenous rights in Africa. The second case, Campbell (2008), concerned the compensation of expropriated commercial farmers from Zimbabwe. - Reproduced. |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name as entry element |
Law - South Africa |
| 9 (RLIN) |
4969 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name as entry element |
Judicial decisions |
| 9 (RLIN) |
4970 |
| 773 ## - HOST ITEM ENTRY |
|---|
| Main entry heading |
Journal of Social Policy |
| 906 ## - LOCAL DATA ELEMENT F, LDF (RLIN) |
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| Subject DIP |
Judiciary |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
|
| Item type |
Articles |
