The Quest for Constitutionalism South Africa Since 1994 1st edition by Hugh Corder, Veronica Federico, Romano Orrù 9781472416315 1472416317
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ISBN 10: 1472416317
ISBN 13: 9781472416315
Author: Hugh Corder, Veronica Federico, Romano Orrù
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.
The Quest for Constitutionalism South Africa Since 1994 1st Table of contents:
PART I: THE STRUCTURE OF THE STATE
1 South African Quasi-Federalism
2 South African ‘Quasi-Parliamentarianism’
3 Parliament and the Separation of Powers – A Critical Analysis in Relation to Single-party Domination
4 Local Government: Between Subsidiarity and Shortfalls in Service Delivery
PART II: RIGHTS, EQUALITY AND THE COURTS
5 Competing Notions of the Judiciary’s Place in the Post-apartheid Constitutional Dispensation
6 Depoliticising Socio-economic Rights
7 Dignity and Disgrace – Moral Citizenship and Constitutional Protection
8 HIV and the Constitution: Campaigning for Constitutionalism and the Keeping of Constitutional Promises
9 Administrative Justice and the Enforcement of the Constitution
PART III: CITIZENSHIP, POLITICAL RIGHTS AND THE PARTY SYSTEM
10 From Disenfranchisement to Enfranchisement: The Right to Vote in South Africa
11 The Contradictions of Party Dominance in South Africa
12 Freedom of Information: Controversies and Reforms
PART IV: TRANSFORMATIVE CONSTITUTIONALISM
13 Constitutional Reform in South African History
14 The Position of Indigenous Customary Law in South Africa’s New Constitutional Order
15 Land Reform and Constitutional Rights
16 Green Economy, Sustainable Development and the Constitution
PART V: SOUTH AFRICA IN CONTEXT
17 BRICS: A Mirage of Reality
18 From Import to Export? Some Signs of the External Circulation of South African Constitutional Jurisprudence
Index
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