Constitutional Options for a Democratic South Africa PDF Download

Author: Ziyad Motala
Publisher:
ISBN: 9780882581873
Category : Law
Languages : en
Pages : 0

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Book Description
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.

Author: Donald L. Horowitz
Publisher: Univ of California Press
ISBN: 9780520078857
Category : History
Languages : en
Pages : 320

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Book Description
Una reproducción digital está disponible en E -Editions, una colaboración de la Universidad de California Press y el programa eScholarship de la Biblioteca Digital de California.

Author: South Africa
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 177

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Author: Ziyad Motala
Publisher:
ISBN:
Category : Africa
Languages : en
Pages : 296

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Book Description
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.

Author: Brian Ray
Publisher: Cambridge University Press
ISBN: 1107029457
Category : Law
Languages : en
Pages : 395

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Book Description
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

Author: Thuynsma, Heather
Publisher: Africa Institute of South Africa
ISBN: 0798305142
Category : Political Science
Languages : en
Pages : 72

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Book Description
Political parties and the party system that underpins South Africa’s democracy have the potential to build a cohesive and prosperous nation. But in the past few years the ANC’s dominance has strained the system and tested it and its institutions’ fortitude. There are deeper issues of accountability that often spurn the Constitution and there is also a clear need to foster meaningful public participation and transparency. This volume offers a different and detailed assessment of the health of South Africa’s political system. This study intends to unravel the condition of the party system in South Africa and culminates in the question: Do South African parties promote or hinder democracy in the country? The areas of the party system that are known to require continued work are the weakness of democratic structures within parties, the perceived lack of responsibility of elected parliamentarians towards voters, non-transparent private partner financing structures and a lack of attractiveness of party-political commitment, especially for women. Experts in the respective fields address all of these areas in this book.

Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311

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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Author: Joel M. Modiri
Publisher: Routledge
ISBN: 1000022412
Category : Law
Languages : en
Pages : 315

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Book Description
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.

Author: Heinz Klug
Publisher: Bloomsbury Publishing
ISBN: 1847317413
Category : Law
Languages : en
Pages : 209

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Book Description
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: Rosalind Dixon
Publisher: Oxford University Press
ISBN: 0192893769
Category : Authoritarianism
Languages : en
Pages : 241

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Book Description
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.