Download or read book Constitutional Change in South Africa written by W. H. B. Dean and published by . This book was released on 1983 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 South Africa written by Siri Gloppen and published by Dartmouth Publishing Company. This book was released on 1997 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
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 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 The Constitution of the Republic of South Africa 1996 written by South Africa and published by . This book was released on 2012 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democratic Theory and Constitutional Change in South Africa written by Paul B. Rich and published by . This book was released on 1992 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 South Africa written by D. Marais and published by . This book was released on 1989 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thorough study of the legislative, executive and administrative institutions that have come into being in South Africa from 1652 to 1988. The author has gone beyond historical facts to explain why under the influence of religious dogma, political theory and party politics the constitution has developed in one direction rather than another. The originality of the contribution of each identified historical phase to the constitutional development of South Africa is also considered.
Download or read book Constitutional Triumphs Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Download or read book The Post apartheid Constitutions written by Penelope Andrews and published by Ohio University Center for International Studies. This book was released on 2001 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book which offers a unique range of perspectives on the development of South Africa's Interim and final Constitutions, scholars, practising lawyers, members of the judiciary and the Human Rights Commission, and political leaders illuminate the many issues of process, substance and context presented by the Constitutions. Essays on process make clear the challenges and the triumphs of South Africa's constitutional rebirth. The authors examine such questions as the extent of popular involvement in South Africa's exercise in constitution writing, the impact of political force, human transformation, and reasoned persuasion on the agreements that were reached, and the Constitutional Court's extraordinary role in assessing the negotiators' efforts. Contributions on the substance of the Constitution address both its human rights provisions and issues of governmental structure and institutional context. The articles on rights attest to the breadth of the new rights protections, with essays on free speech, socio-economic rights and their application to private actors, women's rights, traditional authority, cultural rights, and the rights of non-citizens. Chapters on structure and context reflect how important the institutions through which a government operates are to the actual implementation of the Constitution's aspirations. These wide-ranging pieces look at three of the newly created structures of South African government -- the federal aspects of the Constitutions, the Constitutional Court, and the Human Rights Commission -- and at the process of change in the criminal justice system, a particularly important institution carried over from an old order.
Download or read book Constitutional Change in South Africa written by John A. Benyon and published by . This book was released on 1978 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Process of Constitutional Change Underway in South Africa written by and published by . This book was released on 1984 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Models written by South African Law Commission and published by . This book was released on 1991 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book By Due Process of Law written by Ian Loveland and published by Bloomsbury Publishing. This book was released on 1999-06-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The South African case of Harris v. (Donges) Minister of the Interior is one familiar to most students of British constitutional law. The case was triggered by the South African government's attempt in the 1950s to disenfranchise non-white voters on the Cape province. It is still referred to as the case which illustrates that as a matter of constitutional doctrine it is not possible for the United Kingdom Parliament to produce a statute which limits the powers of successive Parliaments. The purpose of this book is twofold. First of all it offers a rather fuller picture of the story lying behind the Harris litigation,and the process of British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa as well as the ensuing emergence and consolidation of apartheid as a system of political and social organisation. Secondly the book attempts to use the South African experience to address broader contemporary British concerns about the nature of our Constitution and the role of the courts and legislature in making the Constitution work. In pursuing this second aim, the author has sought to create a counterweight to the traditional marginalistion of constitutional law and theory within the British polity. The Harris saga conveys better than any episode of British political history the enormous significance of the choices a country makes (or fails to make) when it embarks upon the task of creating or revising its constitutional arrangements. This, then, is a searching re-examination of the fundamentals of constitution-making, written in the light of the British government's commitment to promoting wholesale constitutional reform.
Download or read book Rights and Constitutionalism written by Dawid Hercules Van Wyk and published by . This book was released on 1996 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.
