Infusing the constitution with 'an ethic of care': the humane jurisprudence of Justice Albie Sachs

SOURCE: Making the road by walking: the evolution of the South African constitution
OUTPUT TYPE: Chapter in Monograph
PUBLICATION YEAR: 2018
TITLE AUTHOR(S): N.Bohler-Muller, TZikhali
SOURCE EDITOR(S): N.Bohler-Muller, M.Cosser, G.Pienaar
KEYWORDS: CONSTITUTION
DEPARTMENT: Democracy, Governance and Service Delivery (DGSD)
Print: HSRC Library: shelf number 10202

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Abstract

The chapter draws on academic literature, the Constitution, various interview transcriptions, judgments, Justice Sachs???s own writings, lectures and speeches as well as media articles or coverage of his contributions in the political and legal landscape of South Africa. It is divided into three main parts. The first sketches the background, where we provide an abbreviated ???biography??? of the life of Albie Sachs as liberator, jurist and beyond. The second provides an overview of his contribution to the evolution of the Constitution and to a democratic society through a selection of his most ground-breaking judgments. The third part identifies the themes we find in his work (ubuntu, an ethic of care, storytelling, reconciliation and restoration) and describes his journey in the making (and continued protection) of the Constitution ??? one could say his perpetual love of the Constitution.