From Form to Substance: The Constitutional Jurisprudence of Laurie Ackermann
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2008
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Acta Juridica
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University of Cape Town
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Abstract
At the Constitutional Court, collegial deliberation is lengthy, substantive and conducted both verbally in meetings and electronically by the exchange of notes and drafts. During the course of deliberation on a particular case, the court will meet at least twice to discuss it and often as many as half a dozen times and sometimes even more. In addition, there will ordinarily be many lengthy written exchanges on the case. The process of deliberation at its best refines issues, improves legal reasoning and renders just outcomes more likely. As a result of the process of deliberation, a draft judgment may change dramatically from when first written to its final form.
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Reference:
O'Regan, C. (2008). Form form to substance: the constitutional jurisprudence of Laurie Ackermann. Acta Juridica: Dignity, freedom and the post-apartheid legal order: the critical jurisprudence of Laurie Ackermann, 1-17.