Download the quest for constitutionalism south africa since 1994 in pdf or read the quest for constitutionalism south africa since 1994 in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the quest for constitutionalism south africa since 1994 in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Quest For Constitutionalism

Author: Hugh Corder
Publisher: Routledge
ISBN: 1317018435
Size: 10.81 MB
Format: PDF, ePub
View: 1593
Download and Read
This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

Public Participation In African Constitutionalism

Author: Tania Abbiate
Publisher: Routledge
ISBN: 1351719645
Size: 23.77 MB
Format: PDF, Docs
View: 5464
Download and Read
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.

Constitutionalism And Democratic Transitions

Author: Veronica Federico
Publisher: Firenze University Press
ISBN: 8884534011
Size: 49.20 MB
Format: PDF, Kindle
View: 797
Download and Read
"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.

Constitutionalism And Democratic Transitions

Author: Veronica Federico
Publisher: Firenze University Press
ISBN: 8884534011
Size: 57.79 MB
Format: PDF, Mobi
View: 850
Download and Read
"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.

One Law One Nation

Author: Lauren Segal
Publisher: Jacana Media
ISBN: 1431402702
Size: 65.82 MB
Format: PDF, Docs
View: 6633
Download and Read
In celebration of the 15th anniversary of the signing of the new South African Constitution, this book charts the story of the nation's long fight for constitutional rights and the astonishing obstacles and complexity behind the constitution-making process after 1990. Using hitherto unseen archival, photographic, and interview material—including Nelson Mandela’s handwritten notes from the negotiation process—this book offers firsthand perspectives of the hidden history of the Constitution’s development. In addition, it reflects on the item as a living document and how the Constitutional Court continues to play an instrumental role in ensuring that the human rights enshrined in it are upheld in South Africa’s young democracy.

Human Dignity

Author: Laurie Ackermann
Publisher: G. D'Ambrosio Angelillo
ISBN: 9780702199011
Size: 46.16 MB
Format: PDF, Mobi
View: 4923
Download and Read
About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks the constitutional meaning of equality and unfair discrimination. Equality cannot be usefully debated without first asking the vital question 'Equality of what?' The answer, it is contended, must be 'human dignity'. The philosophical and Abrahamic religious roots of these constitutional concepts of dignity and equality are investigated, then further explored and illustrated in the comparative context of South African, German and Canadian constitutional jurisprudence. Clashes and tensions between rights inevitably occur when the equality and non-discrimination rights of a Bill of Rights are applied horizontally, that is between subjects of the state themselves. The human dignity of the contestants plays a vital role in resolving such tensions and conflicts. Human dignity moreover has a determining function when applying constitutionally mandated restitutionary (compensatory) equality and when determining what the legitimate extent and duration of such restitution is. These issues are also considered in a comparative constitutional context. Peer Reviews: 'Retired Justice Laurie Ackermann was one of the giants of the "Mandela Constitutional Court" appointed in 1994. His new book on human dignity matches the weight and the profundity of his judicial writing on the subject. It is an authoritative, lawyerly and commanding exposition of the value that is the key to South Africa's constitutional future-the dignity of all its peoples.' Justice Edwin Cameron, Justice of the Constitutional Court of South Africa 'In this work, the claim that it is the inherent dignity and worth of every human person that must inform the interpretation and enforcement of the constitutional right to equality is backed up, inter alia, by a useful exposition of the Kantian concept of dignity and an illuminating and context-sensitive engagement with comparative constitutional law. The author's argument is systematically developed within a range of contexts, including anti-discrimination law, disputes over the scope and limits of measures designed to remedy past injustices, and conflicts over the appropriate balance between equality and freedom in cases involving the horizontal application of the Bill of Rights. Throughout, the author presents a well-argued and robust defence of a constitutional vision which places the dignity of the individual at the heart of the Constitution's transformative project. This is an important contribution which is certain to stimulate further analysis and debate.' - Prof Henk Botha, University of Stellenbosch Law Faculty 'The most systematic, theoretically rich, and intellectually provocative treatment in the academic literature to date on the subject of human dignity in South Africa's evolving equality jurisprudence.' Prof Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty

Security And Democracy In Southern Africa

Author: Gavin Cawthra
Publisher: IDRC
ISBN: 1868144534
Size: 37.54 MB
Format: PDF, ePub
View: 2417
Download and Read
Southern Africa has embarked on one of the world’s most ambitious security co-operation initiatives, seeking to roll out the principles of the United Nations at regional levels. This book examines the triangular relationship between democratization, the character of democracy and its deficits and national security practices and perceptions of eleven southern African states. Based on national studies conducted by African academics and security practitioners over three years, it includes an examination of the way security is conceived and managed, as well as a comparative analysis of regional security co-operation in the developing world. The study concludes that democratization is ambiguous and uncertain and can in some cases generate violent conflict. Building a common security regime in southern Africa will require moving beyond regime solidarity. In particular, progress will mean building multinational institutions, entrenching democratic practices, drawing on civil society and integrating the southern African project with that of the African Union. The authors conclude with a set of policy recommendations that aim to strengthen both states and civil society within the framework of an emerging common security system.