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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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The Quest for Constitutionalism: South Africa Since 1994

Edited by: Hugh Corder, Veronica Federico, Romano Orru

ISBN13: 9781472416315
Published: November 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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 recognizes 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.

South Africa, Other Jurisdictions
Foreword, Albie Sachs
Introduction, Veronica Federico, Hugh Corder and Romano Orrù.

Part I The Structure of the State: South African quasi-federalism, Veronica Federico
South African ‘quasi-parliamentarianism’, Romano Orrù
Parliament and the separation of powers - a critical analysis in relation to single party domination, Sanele Sibanda
Local government, Francois Venter.

Part II Rights, Equality and the Courts: Competing notions of the judiciary’s place in the post-apartheid constitutional dispensation, Morné Olivier
Depoliticising socio-economic rights, Linda Stewart
Dignity and disgrace – moral citizenship and constitutional protection, Edwin Cameron
HIV and the constitution: campaigning for constitutionalism and the keeping of constitutional promises, Mark Heywood and Tim Fish Hodgson
Administrative justice and the enforcement of the constitution, Cora Hoexter.

Part III Citizenship, Political Rights and the Party-System: From disenfranchisement to enfranchisement: the right to vote in South Africa, Francesca Romana Dau
The contradictions of party dominance in South Africa, Roger Southall
Freedom of information: controversies and reforms, Iain Currie.

Part IV Transformative Constitutionalism: Constitutional reform in South African history, Hugh Corder
The position of indigenous customary law in South Africa’s new constitutional order, Tom Bennett
Land reform and constitutional rights, Nic Olivier, Nico Olivier and Clara Williams
Green economy, sustainable development and the constitution, Tumai Murombo. Part V South Africa in Context: BRICS: a mirage of reality, Lucia Scaffardi
From import to export? Some signs of the external circulation of South African constitutional jurisprudence, Andrea Lollini.