Download or read book Constitutional Options for a Democratic South Africa written by Ziyad Motala and published by . This book was released on 1994 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.
Download or read book A Democratic South Africa written by Donald L. Horowitz and published by Univ of California Press. This book was released on 1992-05-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una reproducción digital está disponible en E -Editions, una colaboración de la Universidad de California Press y el programa eScholarship de la Biblioteca Digital de California.
Download or read book Constitution for a Democratic South Africa written by McCaps Malose Motimele and published by . This book was released on 1993 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Options for a Democratic South Africa written by Ziyad Motala and published by . This book was released on 1994 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Options for a Democratic South Africa describes the unjust South African political and judicial apartheid system that exploited black South Africans. Ziyad Motala emphasizes the importance of a constitution and state system that would not only ameliorate the enormous inequalities generated by colonialism and apartheid but also ensure equal democratic rights and protection to all citizens in the post-apartheid South Africa. He carefully examines and compares the political outcomes of post-independent African states adopting (1) the Western liberal federal state, (2) the Soviet-inspired Marxist unitary state, or (3) the locally inspired one-party African socialist state. Motala weighs the relative merits of these state structures for dealing with the complex of democracy, socioeconomic development, and national unity in multiethnic states. He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.
Download or read book Constituting Democracy written by Heinz Klug and published by Cambridge University Press. This book was released on 2000 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of constitutionalism in facilitating political change in South Africa.
Download or read book South Africa written by Siri Gloppen and published by Routledge. This book was released on 2019-05-23 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the ’constitutional function’. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.
Download or read book Rights and Democracy written by Henk Botha and published by AFRICAN SUN MeDIA. This book was released on 2004-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Download or read book South Africa s Crisis of Constitutional Democracy written by Robert A. Licht and published by American Enterprise Institute. This book was released on 1994 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.
Download or read book Constitutionalism and Democratic Transitions written by Veronica Federico and published by Firenze University Press. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Download or read book The Constitution of South Africa written by Heinz Klug and published by Bloomsbury Publishing. This book was released on 2010-07-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democratization in South Africa written by Timothy Sisk and published by Princeton University Press. This book was released on 2017-03-14 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Timothy Sisk presents a new way of conceiving the transition to democracy in South Africa. Unlike authors such as Horowitz and Lijphart, who have sought to prescribe an ideal set of post-apartheid political institutions, Sisk asks what kinds of institutions show signs of actually emerging, given recent history and present realities. He treats the problem of constructing a democratic post-apartheid society in South Africa as part of a larger condition common to societies deeply divided by ethnic, religious, racial, or national discord. Though its profound cleavages of race and class make it a "least likely" candidate for conflict resolution through democratization, Sisk argues that the centripetal pull on moderate politicians of all parties was greater than the seemingly natural polarizing trend in a divided society. This centripetal pull led to the adoption of an interim constitution in 1993 after protracted negotiations. An American Fulbright scholar sent to South Africa after the end of the 21-year rupture of official scholarly exchanges between the two countries, Sisk analyzes the changes in the strategic calculations of the white minority government, the black liberation movement, and other parties over the course of negotiations since 1990. He concludes that intermittent upsurges of violence often reinforced, rather than reduced, the incentives of leaders on both sides to negotiate a settlement that would avoid mutually damaging outcomes. Drawing on extensive interviews with political figures, as well as other primary and secondary sources, Sisk finds reason for hope that a democratic social contract can evolve, balancing majority rule with minority representation and guaranteeing equal economic opportunity and social justice. Originally published in 1994. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2016-04-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Download or read book Constitutionalism and Transitional Justice in South Africa written by Andrea Lollini and published by Berghahn Books. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Download or read book The Collapse of Apartheid and the Dawn of Democracy in South Africa 1993 written by John C. Eby and published by UNC Press Books. This book was released on 2017-04-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This game situates students in the Multiparty Negotiating Process taking place at the World Trade Center in Kempton Park in 1993. South Africa is facing tremendous social anxiety and violence. The object of the talks, and of the game, is to reach consensus for a constitution that will guide a post-apartheid South Africa. The country has immense racial diversity--white, black, Colored, Indian. For the negotiations, however, race turns out to be less critical than cultural, economic, and political diversity. Students are challenged to understand a complex landscape and to navigate a surprising web of alliances. The game focuses on the problem of transitioning a society conditioned to profound inequalities and harsh political repression into a more democratic, egalitarian system. Students will ponder carefully the meaning of democracy as a concept and may find that justice and equality are not always comfortable partners with liberty. While for the majority of South Africans, universal suffrage was a symbol of new democratic beginnings, it seemed to threaten the lives, families, and livelihoods of minorities and parties outside the African National Congress coalition. These deep tensions in the nature of democracy pose important questions about the character of justice and the best mechanisms for reaching national decisions. Free supplementary materials for this textbook are available at the Reacting to the Past website. Visit https://reacting.barnard.edu/instructor-resources, click on the RTTP Game Library link, and create a free account to download what is available.
Download or read book One Law One Nation written by Lauren Segal and published by Jacana Media. This book was released on 2011 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charts the story of the long fight for constitutional rights in South Africa and the obstacles and complexity the lay behind the constitution-making process after 1990. Uses archival, photographic, and interview material to provide a popular account of the development of the constitution and the role of the Constitutional Court.
Download or read book Conquest Constitutionalism and Democratic Contestations written by Joel M. Modiri and published by Routledge. This book was released on 2020-05-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.
Download or read book A Democratic South Africa written by Donald L. Horowitz and published by Univ of California Press. This book was released on 2023-04-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.
