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CHAPTER NINE - Partial Constitutional Embedding

The Case of South Africa

Published online by Cambridge University Press:  15 June 2023

Whitney K. Taylor
Affiliation:
San Francisco State University
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Summary

Chapter 9 extends the argument of this book to the case of the 1996 South African Constitution, demonstrating the usefulness of examining the contours and limits of constitutional embeddedness beyond the Colombian context. The South African case is one of partial constitutional embedding, where legal embedding significantly outpaced social embedding. This comparative examination probes different ways in which constitutional embedding can occur in practice, and it helps to show how constitutional embedding is not a necessary or inevitable phenomenon.

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Chapter
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The Social Constitution
Embedding Social Rights Through Legal Mobilization
, pp. 182 - 211
Publisher: Cambridge University Press
Print publication year: 2023

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