Author: Mark S. Kende
Publisher: Cambridge University Press
Published: 2009-03-02
Total Pages: 336
ISBN-13: 0521879043
DOWNLOAD EBOOK →This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
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: 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: Rosalind Dixon
Publisher: Cambridge University Press
Published: 2018-04-19
Total Pages: 471
ISBN-13: 1108415334
DOWNLOAD EBOOK →Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
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.
Author: Donald L. Horowitz
Publisher: Univ of California Press
Published: 2022-02-25
Total Pages: 314
ISBN-13: 0520328876
DOWNLOAD EBOOK →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.
Author: G. E. Devenish
Publisher: Butterworth-Heinemann
Published: 1998
Total Pages: 428
ISBN-13:
DOWNLOAD EBOOK →5 Life.
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.