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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: 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: Veronica Federico
Publisher: Firenze University Press
ISBN: 8884534011
Category : Law
Languages : en
Pages : 222
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Book Description
"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
Author: Heinz Klug
Publisher: Cambridge University Press
ISBN: 9780521786430
Category : Apartheid
Languages : en
Pages : 292
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Book Description
This book explores the role of constitutionalism in facilitating political change in South Africa.
Author: Robert A. Licht
Publisher: American Enterprise Institute
ISBN: 9780844738345
Category : Business & Economics
Languages : en
Pages : 284
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Book Description
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.
Author: Henk Botha
Publisher: AFRICAN SUN MeDIA
ISBN: 1919980024
Category : Political Science
Languages : en
Pages : 271
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Book Description
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Author: Siri Gloppen
Publisher: Routledge
ISBN: 0429627238
Category : Law
Languages : en
Pages : 306
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Book Description
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: Bobby Godsell
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 72
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Book Description
Author: Joel M. Modiri
Publisher: Routledge
ISBN: 1000022412
Category : Law
Languages : en
Pages : 303
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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: Lollini
Publisher: Berghahn Books
ISBN: 1845459806
Category : History
Languages : en
Pages : 233
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Book Description
Author: Heinz Klug
Publisher: Bloomsbury Publishing
ISBN: 1847317413
Category : Law
Languages : en
Pages : 204
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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.
