Democratic Theory And Constitutional Change In South Africa
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Democratic Theory And Constitutional Change In South Africa
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Author : Paul B. Rich
language : en
Publisher:
Release Date : 1992
Democratic Theory And Constitutional Change In South Africa written by Paul B. Rich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Africa categories.
Constituting Democracy
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Author : Heinz Klug
language : en
Publisher: Cambridge University Press
Release Date : 2000
Constituting Democracy written by Heinz Klug and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Apartheid categories.
This book explores the role of constitutionalism in facilitating political change in South Africa.
The African National Congress And Participatory Democracy
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Author : Heidi Brooks
language : en
Publisher: Springer
Release Date : 2019-08-15
The African National Congress And Participatory Democracy written by Heidi Brooks and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-15 with Political Science categories.
This book examines the development of democratic thought in the African National Congress (ANC) of South Africa, with a focus on the movement’s ideas about participatory democracy. It makes particular reference to two key periods: the 1980s ‘people’s power’ movement and the subsequent years of policy formulation from 1990 when the ANC began to design and implement a system of participatory democracy alongside a representative government. Through the examination of historic documents and in-depth interviews with former ANC activists, government officials and those involved in policy development, the author explores the inspiration for the party’s commitment to establishing participatory democracy. The book combines democratic theory and political and intellectual history to look at the role of popular participation as part of a broader trajectory of the ANC’s democratic thought. It critically engages with concepts used in the party’s participatory discourse with a view to deepening our understanding of how ideas have shaped the construction of South Africa’s democracy.
Constitutional Options For A Democratic South Africa
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Author : Ziyad Motala
language : en
Publisher:
Release Date : 1994
Constitutional Options For A Democratic South Africa written by Ziyad Motala and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
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.
Constitutionalism And Democratic Transitions
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Author : Veronica Federico
language : en
Publisher: Firenze University Press
Release Date : 2006
Constitutionalism And Democratic Transitions written by Veronica Federico and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"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
South Africa S Crisis Of Constitutional Democracy
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Author : Robert A. Licht
language : en
Publisher: American Enterprise Institute
Release Date : 1994
South Africa S Crisis Of Constitutional Democracy written by Robert A. Licht and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Business & Economics categories.
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.
Eternity Clauses In Democratic Constitutionalism
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Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021-05-20
Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Conquest Constitutionalism And Democratic Contestations
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Author : Joel M. Modiri
language : en
Publisher: Routledge
Release Date : 2020-05-21
Conquest Constitutionalism And Democratic Contestations written by Joel M. Modiri and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Law categories.
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.
Rights And Constitutionalism
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Author : Dawid Hercules Van Wyk
language : en
Publisher:
Release Date : 1996
Rights And Constitutionalism written by Dawid Hercules Van Wyk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
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.
South Africa
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Author : Siri Gloppen
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1997
South Africa written by Siri Gloppen and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
South Africa: The Battle over the Constitution analyses the South African constitution-making process, focusing on the rivaling theoretical positions, their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. The book also discusses the role of the Constitutional Court and attempts to enhance constitutional legitimacy by public participation.