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 626 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 Law and Sacrifice written by Johan Van der Walt and published by CRC Press. This book was released on 2014-06-11 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law. The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.
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 Post apartheid Fragments written by Wessel le Roux and published by BRILL. This book was released on 2008-07-23 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Language Policy and Nation Building in Post Apartheid South Africa written by Jon Orman and published by Springer Science & Business Media. This book was released on 2008-08-27 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The preamble to the post-apartheid South African constitution states that ‘South Africa belongs to all who live in it, united in our diversity’ and promises to ‘lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law’ and to ‘improve the quality of life of all citizens’. This would seem to commit the South African government to, amongst other things, the implementation of policies aimed at fostering a common sense of South African national identity, at societal dev- opment and at reducing of levels of social inequality. However, in the period of more than a decade that has now elapsed since the end of apartheid, there has been widespread discontent with regard to the degree of progress made in connection with the realisation of these constitutional aspirations. The ‘limits to liberation’ in the post-apartheid era has been a theme of much recent research in the ?elds of sociology and political theory (e. g. Luckham, 1998; Robins, 2005a). Linguists have also paid considerable attention to the South African situation with the realisation that many of the factors that have prevented, and are continuing to prevent, effective progress towards the achievement of these constitutional goals are linguistic in their origin.
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 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 After Apartheid written by Ian Shapiro and published by University of Virginia Press. This book was released on 2011-06-21 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy came to South Africa in April 1994, when the African National Congress won a landslide victory in the first free national election in the country’s history. That definitive and peaceful transition from apartheid is often cited as a model for others to follow. The new order has since survived several transitions of ANC leadership, and it averted a potentially destabilizing constitutional crisis in 2008. Yet enormous challenges remain. Poverty and inequality are among the highest in the world. Staggering unemployment has fueled xenophobia, resulting in deadly aggression directed at refugees and migrant workers from Zimbabwe and Mozambique. Violent crime rates, particularly murder and rape, remain grotesquely high. The HIV/AIDS pandemic was shockingly mishandled at the highest levels of government, and infection rates continue to be overwhelming. Despite the country’s uplifting success of hosting Africa’s first World Cup in 2010, inefficiency and corruption remain rife, infrastructure and basic services are often semifunctional, and political opposition and a free media are under pressure. In this volume, major scholars chronicle South Africa’s achievements and challenges since the transition. The contributions, all previously unpublished, represent the state of the art in the study of South African politics, economics, law, and social policy.
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 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 Human Rights in the Post apartheid South African Constitution written by and published by . This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays on the Evolution of the Post Apartheid State written by Mapungubwe Institute for Strategic Reflection (MISTRA) and published by Real African Publishers. This book was released on 2014-10-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the challenges, successes, and failures of the post-1994 South African state against the humane values enshrined in its constitution: nonracial democracy and respect for all generations of human rights—civil, political, social, economic, resources and the environment and gender and communication. The book sheds light on the difficulties faced by the State when trying to bring together a diverse society comprised of traditional South African, Western-based and "other" African (immigrant) cultures into a cohesive nation with a common South African identity. The views of the essays may not be entirely consistent and the issues they raise may be contentious. This merely affirms the truism that the State is a contested terrain. The aim of this book is to deepen the search for an understanding of the theory of the State as it applies to a transforming society such as ours and to trudge the dividing line between theory and practice so they can feed into each other in a progressive spiral towards the desired end-state.
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 Socio economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Download or read book The Quest for Constitutionalism written by Professor Hugh Corder and published by Ashgate Publishing, Ltd.. This book was released on 2014-11-28 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.
Download or read book Constitution making in the New South Africa written by Alexander Johnston and published by Burns & Oates. This book was released on 1993 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without actually advocating it, scholars from South Africa suggest the high probability that some form of federalism will emerge from the process of remaking that country after the demise of minority rule. They discuss such topics as the role of and challenges to the African National Congress, contending views of the economy, interactions between local bargaining and national- level political negotiations, and the place of the new country in a larger world that is changing nearly as rapidly. The 15 studies were presented at a 1991 conference in Leicester, England. Distributed in the US by St. Martin's Press. The CIP shows the title incorrectly. Annotation copyright by Book News, Inc., Portland, OR
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.
