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 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 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 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 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 Shaping a Future South Africa written by Bobby Godsell and published by . This book was released on 1990 with total page 72 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 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 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.
Download or read book Constitutionalism and Transitional Justice in South Africa written by Lollini and published by Berghahn Books. This book was released on 2010-01-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 South Africa s Constitution at Twenty one written by Jean Meiring and published by Penguin Random House South Africa. This book was released on 2017-10-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘... in the new South Africa there is nobody, not even the president, who is above the law; that the rule of law generally, and in particular the independence of the judiciary, should be respected.’ – Nelson Mandela In late 1996, South Africa’s Constitution acquired the force of law. Its Bill of Rights enshrined a range of fundamental rights to which all South Africans are entitled. In a marked breach with the past, citizens’ rights would no longer depend upon the pigment of their skin or other idiosyncratic features. Today, 21 years since its inception, the Constitution has acquired an almost mythical status, both at home and abroad. Yet, crucially, its primary impact has been on the nuts and bolts of people’s lives. It means that the death penalty is no longer a sentencing option, and gays and lesbians can get married and adopt. It affects directly the types of contracts and commercial arrangements the courts will countenance and on people’s rights to land. As such, it impacts on each and every South African’s daily life and shapes the country and society we live in. This collection of essays explores what the Constitution means for South Africans and for the world – both through its definition of legal rights and through the seepage into the real world of those rights, and the culture that has arisen around them. The contributors range from former Constitutional Court judges to activists, writers and philosophers, who look soberly at what has been achieved and what still needs to be done.
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 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.
Download or read book Building the Constitution written by James Fowkes and published by Cambridge University Press. This book was released on 2016-12-15 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
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 The Quest for Constitutionalism written by Dr Veronica Federico and published by Ashgate Publishing, Ltd.. This book was released on 2014-12-28 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.
