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Constitutional Adjudication in Africa edited by Fombad, Charles M (31st August 2017)

Part 5 Decision-Making and Working Practices, 14 The Birth of the South African Constitutional Court

Richard J Goldstone

From: Constitutional Adjudication in Africa

Edited By: Charles M Fombad

The post-Second World War German constitution that came into force on 23 May 1949 established the German Constitutional Court. It began sittings in 1951 at its seat in Karlsruhe. The model was influenced by that of the United States Supreme Court and the Austrian Constitutional Court. The new German Constitutional Court, with jurisdiction over only constitutional issues, was placed above the then-existing court system. In turn, it was the German model that influenced President Nelson Mandela’s demand for a new South African Constitutional Court to be the guardian...
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