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Author: Warren Freedman
Publisher: Juta and Company Ltd
ISBN: 9781485101109
Category : Constitutional history
Languages : en
Pages : 412
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Book Description
Author: Warren Freedman
Publisher: Juta and Company Ltd
ISBN: 9781485101109
Category : Constitutional history
Languages : en
Pages : 412
Get Book Here
Book Description
Author: Warren Freedman
Publisher: Juta and Company Ltd
ISBN: 9781485101109
Category : Constitutional history
Languages : en
Pages : 412
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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.
Author: South Africa
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 177
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Book Description
Author: Rob Amato
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 168
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Book Description
Author: South Africa. Minister of Constitutional Development
Publisher:
ISBN:
Category : Constitutional law
Languages : af
Pages : 218
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Book Description
Author: G. E. Devenish
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 548
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Book Description
Author: D. Marais
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 66
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Book Description
Author: South Africa
Publisher:
ISBN: 9781919843445
Category : South Africa
Languages : en
Pages :
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Book Description
Author: Stu Woolman
Publisher: Juta and Company Ltd
ISBN: 9781485100072
Category : Constitutional law
Languages : en
Pages : 652
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Book Description
The way the vast majority of us think about the self, consciousness and free will is incorrect dramatically out of step with what the majority of neuroscientists, cognitive psychologists scientists and analytic philosophers have to say about those subjects. One consequence of these erroneous views is that the manner in which the majority of us understand freedom as a metaphysical term and as a political concept -- is sharply at odds with how things actually are. We replicate similar kinds of errors when we think about how various forms of human association are constructed and how change actually occurs within such associations. Once again, epistemological fallacies with regard to social theory have the consequence of leading us to attribute far greater freedom to groups than they actually possess. This second misattribution of autonomy results in institutional political arrangements and constitutional doctrines at odds with what we know about the human condition. As things stand, the various models of political theory with which the South African Constitutional Court operates rest upon a belief that the rights and freedoms enshrined in the Final Constitution should enable individuals to exercise relatively unfettered control over decisions about the intimate relationships and the various practices deemed critical to their self-understanding. However, individual autonomy as a foundation for constitutional theory overemphasizes dramatically the actual space for self-defining choices. In truth, our experience of personhood, of self-consciousness, is a function of a complex set of narratives over which we exercise little in the way of (self) control. The involuntary and arational nature of identity formation at the level of both the individual and the social -- requires a constitutional theory that supplants the model of a rational individual moral agent which undergirds much of our current jurisprudence with a vision of the self that is more appropriately located within and determined by the associations to which we all belong. Despite the involuntary and arational nature of identity formation, we can live within communities that determine the greater part of the meaning we make, and still remain committed to the possibility of significant change (for the better) within those communities. This thesis then goes on to explain how a commitment to experimentalism in the political domain, when married to a robust conception of basic entitlements and citizenship, services human flourishing. (To expand the conditions for flourishing, however, is not to make us metaphysically free to will our actions: a commitment to flourishing reflects an attempt to create an environment in which all inhabitants of South Africa have the opportunity to live lives worth valuing.) Experimental constitutionalism dovetails with a very modest, naturalized account of flourishing because both accounts (1) take the radical givenness of existing constitutive attachments seriously: (2) recognize the boundedness of individual and collective rationality: and (3) describe various kinds of feedback mechanisms that allow for error correction and the enhancement of the conditions of being. Experimental constitutionalism, in particular, enables more citizens to see what works' and what doesn t both with respect to the means and the ends of our existence. Experimental constitutionalism offers the promise of improving the conditions for being by suggesting a range of alterations in constitutional doctrine and a host of changes in the manner in which many political institutions operate. In South Africa, the innovations associated with experimental constitutional design embrace: (1) a doctrine of constitutional supremacy that maintains a meaningful equilibrium with a doctrine of separation of powers, and thus sets relatively clear guidelines for how authority for constitutional interpretation might best be shared by the judiciary, the legislature, the executive and non-state-actors: (2) the use of various standard judicial mechanisms such as cost orders, court procedures, amici and intervenors, expanded constitutional jurisdiction and structural injunctions to create bubbles of participatory democracy better able (than courts or legislatures) to resolve various kinds of polycentric conflict: (3) an approach to limitations analysis that provides a better process than balancing for experimentalist adjudication: and (4) greater roles for Chapter 9 Institutions with respect to investigation, information-sharing and norm-setting: and (5) a principle of democracy that invites public participation in law-making that will both elicit better information about which government policies work best and effect widespread reflection about the meaning of those constitutional norms that govern our lives. The thesis then (a) mines the brief historical record of two important policy areas Housing and Education to show how the principles of experimental constitutionalism have already been put to work and (b) re-examines six Constitutional Court cases to demonstrate how the dual commitment to experimental constitutionalism and flourishing might generate more optimal outcomes.
