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Author: D. A. Basson
Publisher:
Published: 1995
Total Pages: 430
ISBN-13:
DOWNLOAD EBOOK →South Africa's interim Constitution marks a change from the previous dispensation. This work contains the full text of the interim Constitution with a commentary on each section. This edition has been revised and updated to December 1994 and takes cognizance of six constitutional amendment Acts.
Author: Siri Gloppen
Publisher: Routledge
Published: 2019-05-23
Total Pages: 306
ISBN-13: 0429627238
DOWNLOAD EBOOK →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.
Author: Andrea Lollini
Publisher: Berghahn Books
Published: 2011
Total Pages: 240
ISBN-13: 1845457641
DOWNLOAD EBOOK →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.
Author: James Fowkes
Publisher: Cambridge University Press
Published: 2016-12-15
Total Pages: 415
ISBN-13: 1107124093
DOWNLOAD EBOOK →A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Author: G. E. Devenish
Publisher: Butterworth-Heinemann
Published: 1998
Total Pages: 428
ISBN-13:
DOWNLOAD EBOOK →5 Life.
Author: Penelope Andrews
Publisher: Ohio University Center for International Studies
Published: 2001
Total Pages: 644
ISBN-13:
DOWNLOAD EBOOK →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.
Author: Heinz Klug
Publisher: Bloomsbury Publishing
Published: 2010-07-15
Total Pages: 204
ISBN-13: 1847317413
DOWNLOAD EBOOK →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: Lauren Segal
Publisher: Jacana Media
Published: 2011
Total Pages: 255
ISBN-13: 1431402702
DOWNLOAD EBOOK →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.
