The Constitution of South Africa

Informationen zum Autor Heinz Klug is Evjue-Bascom Professor of Law at the University of Wisconsin Law School, USA, and Visiting Professor of Law in the School of Law at the University of the Witwatersrand, Johannesburg, South Africa. Vorwort This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context. Zusammenfassung This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context. The book provides 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. 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. Inhaltsverzeichnis 1. THE CONSTITUTION OF SOUTH AFRICA: CONTEXT AND HISTORYI. Introduction: A Constitution in ContextII. HistoryIII. Political ContextIV. Conclusion: Context, Continuity and the Problem of Path DependencyFurther Reading2. DEMOCRATIC TRANSITIONI. IntroductionII. Negotiating the 1993 Interim ConstitutionIII. The Role of Law in the Democratic TransitionIV. The Practice of Transitional LawV. Conclusion: Transitional Law, Democratization and JusticeFurther Reading3. SOURCES OF THE CONSTITUTIONI. IntroductionII. Constitution-Making and the Constitutional AssemblyIII. Legacies, Legal Traditions and the Limits of Path DependencyIV. Text and Legal InterpretationV. ConclusionFurther Reading4. CONSTITUTIONAL PRINCIPLESI. IntroductionII. Constitutional PrinciplesIII. Constitutional Principles in The Constitutional CourtIV. Constitutional Principles in PracticeV. Founding Principles, Basic Structure and the FutureVI. ConclusionFurther Reading5. THE BILL OF RIGHTSI. IntroductionII. Constitutional RightsIII. Interpreting the Bill Of RightsIV. The Bill Of Rights within the Frame of Dignity, Equality and FreedomV. Socio-Economic RightsVI. Bill Of Rights, Rule of Law and States of EmergencyVII. Conclusion: Pursuing Rights in A Land of Vast InequalitiesFurther Reading6. PARLIAMENTARY DEMOCRACYI. IntroductionII. Electoral System, Political Rights and the Formation of GovernmentIII. Parliament as Law-GiverIV. Parliament As WatchdogV. Conclusion: Democratic Participation and the Challenge of Post-Apartheid DemocracyFurther Reading7. EXECUTIVE GOVERNMENTI. IntroductionII. The PresidentIII. Cabinet GovernmentIV. Governing Principles, Independent Institutions and Executive GovernanceV. ConclusionFurther Reading8. CONSTITUTIONAL ROLE OF THE COURTSI. IntroductionII. Historical ContextIII. Creation of the Constitutional CourtIV. Strategic Engagement and Judicial PragmatismV. Conclusion: Rights, Politics and the Margins of Judicial PowerFurther Reading9. CO-OPERATIVE GOVERNMENT, REGIONALISM AND LOCAL GOVERNMENTI. IntroductionII. Origins and Principles of Co-Operative GovernmentIII. Interpretation of Regional and Concurrent PowersIV. Local Government and Service DeliveryV. ConclusionFurther Reading10. THE CONSTITUTION OF SOUTH AFRICA: FACING THE FUTUREI. IntroductionII. Legacies of InequalityIII. The Future of RightsIV. DemocracyV. ConclusionIndex...

Préface
This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.

Contenu

1. THE CONSTITUTION OF SOUTH AFRICA: CONTEXT AND HISTORY I. Introduction: A Constitution in Context II. History III. Political Context IV. Conclusion: Context, Continuity and the Problem of Path Dependency Further Reading 2. DEMOCRATIC TRANSITION I. Introduction II. Negotiating the 1993 Interim Constitution III. The Role of Law in the Democratic Transition IV. The Practice of Transitional Law V. Conclusion: Transitional Law, Democratization and Justice Further Reading 3. SOURCES OF THE CONSTITUTION I. Introduction II. Constitution-Making and the Constitutional Assembly III. Legacies, Legal Traditions and the Limits of Path Dependency IV. Text and Legal Interpretation V. Conclusion Further Reading 4. CONSTITUTIONAL PRINCIPLES I. Introduction II. Constitutional Principles III. Constitutional Principles in The Constitutional Court IV. Constitutional Principles in Practice V. Founding Principles, Basic Structure and the Future VI. Conclusion Further Reading 5. THE BILL OF RIGHTS I. Introduction II. Constitutional Rights III. Interpreting the Bill Of Rights IV. The Bill Of Rights within the Frame of Dignity, Equality and Freedom V. Socio-Economic Rights VI. Bill Of Rights, Rule of Law and States of Emergency VII. Conclusion: Pursuing Rights in A Land of Vast Inequalities Further Reading 6. PARLIAMENTARY DEMOCRACY I. Introduction II. Electoral System, Political Rights and the Formation of Government III. Parliament as Law-Giver IV. Parliament As Watchdog V. Conclusion: Democratic Participation and the Challenge of Post-Apartheid Democracy Further Reading 7. EXECUTIVE GOVERNMENT I. Introduction II. The President III. Cabinet Government IV. Governing Principles, Independent Institutions and Executive Governance V. Conclusion Further Reading 8. CONSTITUTIONAL ROLE OF THE COURTS I. Introduction II. Historical Context III. Creation of the Constitutional Court IV. Strategic Engagement and Judicial Pragmatism V. Conclusion: Rights, Politics and the Margins of Judicial Power Further Reading 9. CO-OPERATIVE GOVERNMENT, REGIONALISM AND LOCAL GOVERNMENT I. Introduction II. Origins and Principles of Co-Operative Government III. Interpretation of Regional and Concurrent Powers IV. Local Government and Service Delivery V. Conclusion Further Reading 10. THE CONSTITUTION OF SOUTH AFRICA: FACING THE FUTURE I. Introduction II. Legacies of Inequality III. The Future of Rights IV. Democracy V. Conclusion Index