South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.
Author: Siri Gloppen
Publisher: Dartmouth Publishing Company
Release Date: 1997
Genre: Political Science
South Africa: The Battle over the Constitution analyses the South African constitution-making process, focusing on the rivaling theoretical positions, their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. The book also discusses the role of the Constitutional Court and attempts to enhance constitutional legitimacy by public participation.
Author: Hassen Ebrahim
Publisher: Oxford University Press, USA
Release Date: 1998
Part One of this book provides a detailed account of development of the South African constitution, especially between 1985 and 1996. Part Two is a collection of key documents from South Africa's constitutional history since 1902.
Author: Donald L. Horowitz
Publisher: Univ of California Press
Release Date: 1991
"A masterful analysis of the current situation in South Africa, but far more important, it makes suggestions that might well shape the outcome of discussions in South Africa regarding the country's future."--Leroy Vail, Harvard University
Author: Stu Woolman
Publisher: Fordham Univ Press
Release Date: 2013-07
Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South Africa is widely considered to be the most sweeping in the world. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy.
Author: Anne Hughes
Release Date: 2014-04-11
Genre: Human rights
Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.