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The Constitution of South Africa

A Contextual Analysis

By: Heinz Klug
Media of The Constitution of South Africa
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Published: 15-07-2010
Format: EPUB eBook (?)
Edition: 1st
Extent: 311
ISBN: 9781847317414
Imprint: Hart Publishing
Series: Constitutional Systems of the World
RRP: £21.59
Online price : £17.27
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About The Constitution of South Africa

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.

Table Of Contents

1. THE CONSTITUTION OF SOUTH AFRICA: CONTEXT AND HISTORY
I. Introduction: A Constitution in Context
II. History
III. Political Context
IV. Conclusion: Context, Continuity and the Problem of Path Dependency
Further Reading
2. DEMOCRATIC TRANSITION
I. Introduction
II. Negotiating the 1993 Interim Constitution
III. The Role of Law in the Democratic Transition
IV. The Practice of Transitional Law
V. Conclusion: Transitional Law, Democratization and Justice
Further Reading
3. SOURCES OF THE CONSTITUTION
I. Introduction
II. Constitution-Making and the Constitutional Assembly
III. Legacies, Legal Traditions and the Limits of Path Dependency
IV. Text and Legal Interpretation
V. Conclusion
Further Reading
4. CONSTITUTIONAL PRINCIPLES
I. Introduction
II. Constitutional Principles
III. Constitutional Principles in The Constitutional Court
IV. Constitutional Principles in Practice
V. Founding Principles, Basic Structure and the Future
VI. Conclusion
Further Reading
5. THE BILL OF RIGHTS
I. Introduction
II. Constitutional Rights
III. Interpreting the Bill Of Rights
IV. The Bill Of Rights within the Frame of Dignity, Equality and Freedom
V. Socio-Economic Rights
VI. Bill Of Rights, Rule of Law and States of Emergency
VII. Conclusion: Pursuing Rights in A Land of Vast Inequalities
Further Reading
6. PARLIAMENTARY DEMOCRACY
I. Introduction
II. Electoral System, Political Rights and the Formation of Government
III. Parliament as Law-Giver
IV. Parliament As Watchdog
V. Conclusion: Democratic Participation and the Challenge of Post-Apartheid Democracy
Further Reading
7. EXECUTIVE GOVERNMENT
I. Introduction
II. The President
III. Cabinet Government
IV. Governing Principles, Independent Institutions and Executive Governance
V. Conclusion
Further Reading
8. CONSTITUTIONAL ROLE OF THE COURTS
I. Introduction
II. Historical Context
III. Creation of the Constitutional Court
IV. Strategic Engagement and Judicial Pragmatism
V. Conclusion: Rights, Politics and the Margins of Judicial Power
Further Reading
9. CO-OPERATIVE GOVERNMENT, REGIONALISM AND LOCAL GOVERNMENT
I. Introduction
II. Origins and Principles of Co-Operative Government
III. Interpretation of Regional and Concurrent Powers
IV. Local Government and Service Delivery
V. Conclusion
Further Reading
10. THE CONSTITUTION OF SOUTH AFRICA: FACING THE FUTURE
I. Introduction
II. Legacies of Inequality
III. The Future of Rights
IV. Democracy
V. Conclusion
Index

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