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The Constitution of South Africa: A Contextual Analysis


ISBN13: 9781841137377
New Edition ISBN: 9781509963225
Published: July 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £27.99



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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.

Subjects:
South Africa, Constitutional and Administrative Law, Other Jurisdictions
Contents:
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

Series: Constitutional Systems of the World

The Constitution of Bangladesh : A Contextual Analysis ISBN 9781509953936
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£75.00
The Constitution of South Africa: A Contextual Analysis 2nd ed ISBN 9781509963225
To be published December 2024
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£85.00
The Constitutional System of the Hong Kong SAR: A Contextual Analysis ISBN 9781509956333
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£29.99
The Constitution of South Korea: A Contextual Analysis ISBN 9781509919185
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£85.00
The Constitution of the Republic of Austria: A Contextual Analysis 2nd ed ISBN 9781509956739
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The Constitution of the Republic of Austria: A Contextual Analysis (eBook) ISBN 9781509956708
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The Constitution of the Republic of Austria: A Contextual Analysis 2nd ed ISBN 9781509956692
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£90.00
The Constitution of Czechia: A Contextual Analysis ISBN 9781509952823
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£42.99
The Constitution of New Zealand: A Contextual Analysis ISBN 9781509956456
Published October 2022
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The Constitution of the Russian Federation: A Contextual Analysis 2nd ed ISBN 9781509935574
Published August 2022
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£90.00
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The Constitution of Malaysia: A Contextual Analysis 2nd ed (eBook) ISBN 9781509927449
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£24.29
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The Constitution of Malaysia: A Contextual Analysis 2nd ed ISBN 9781509927432
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£26.99
The Constitution of Italy: A Contextual Analysis (eBook) ISBN 9781509905737
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£28.79
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The Constitution of Italy: A Contextual Analysis ISBN 9781509905720
Published February 2022
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£90.00
The Constitution of New Zealand: A Contextual Analysis ISBN 9781849469036
Published February 2022
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£90.00
The Constitution of New Zealand: A Contextual Analysis (eBook) ISBN 9781849469043
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£38.69
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The Constitution of Czechia: A Contextual Analysis (eBook) ISBN 9781509920549
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The Constitution of Czechia: A Contextual Analysis ISBN 9781509920532
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£90.00
Constitution of Canada: A Contextual Analysis 2nd ed (eBook) ISBN 9781509947188
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Constitution of Canada: A Contextual Analysis 2nd ed ISBN 9781509947171
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The Constitution of the United Kingdom: A Contextual Analysis 4th ed ISBN 9781509945542
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£21.99
The Constitution of Iraq: A Contextual Analysis ISBN 9781841138091
Published September 2020
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Publication Abandoned
The Constitutional System of Turkey: A Contextual Analysis ISBN 9781841138534
Published June 2020
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The Constitution of Myanmar ISBN 9781509933143
Published May 2020
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£22.99
The Constitution of Argentina: A Contextual Analysis ISBN 9781841139418
Published March 2020
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The Constitution of Ireland: A Contextual Analysis
ISBN 9781841138367
Published March 2020
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Publication Abandoned
The Constitution of Brazil: A Contextual Analysis ISBN 9781509935079
Published December 2019
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£33.99
The Constitution of Poland: A Contextual Analysis (eBook) ISBN 9781509913954
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The Constitution of Poland: A Contextual Analysis ISBN 9781509913947
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The Constitution of Myanmar ISBN 9781509927357
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The Constitution of Myanmar (eBook) ISBN 9781509927364
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The Constitution of Brazil: A Contextual Analysis (eBook) ISBN 9781509929672
Published May 2019
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£30.59
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The Constitution of Brazil: A Contextual Analysis ISBN 9781849465359
Published May 2019
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£85.00
The Constitution of Ireland: A Contextual Analysis ISBN 9781509903436
Published November 2018
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£25.99
The Constitution of Ireland: A Contextual Analysis (eBook) ISBN 9781509903443
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£23.39
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The Constitution of Pakistan: A Contextual Analysis (eBook) ISBN 9781509919123
Published January 2018
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£29.69
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The Constitution of Pakistan: A Contextual Analysis ISBN 9781849465861
Published January 2018
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£32.99
The Constitution of India: A Contextual Analysis ISBN 9781841137360
Published December 2017
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£25.99
The Constitution of India: A Contextual Analysis (eBook) ISBN 9781849468695
Published December 2017
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£23.39
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£37.79
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£95.00
The Constitution of Taiwan: A Contextual Analysis ISBN 9781849465120
Published April 2016
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£31.99
The Constitution of Romania: A Contextual Analysis ISBN 9781849465137
Published April 2016
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£31.99
The Constitution of Romania: A Contextual Analysis (eBook) ISBN 9781782259589
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Constitution of Belgium: A Contextual Analysis ISBN 9781849464154
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Constitution of Canada: A Contextual Analysis ISBN 9781841133638
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Constitution of Singapore: A Contextual Analysis (eBook) ISBN 9781782252689
Published March 2015
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£24.29
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Constitution of Singapore: A Contextual Analysis ISBN 9781849463966
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£26.99
Constitution of Canada: A Contextual Analysis (eBook) ISBN 9781782252610
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£25.19
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Constitution of Israel: A Contextual Analysis (eBook) ISBN 9781782252092
Published May 2014
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£25.19
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Constitution of Israel: A Contextual Analysis ISBN 9781841138350
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£27.99
Constitution of Mexico: A Contextual Analysis (eBook) ISBN 9781782251330
Published May 2013
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£25.19
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Constitution of Mexico: A Contextual Analysis ISBN 9781849462884
Published May 2013
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£27.99
The Constitution of Spain: A Contextual Analysis ISBN 9781849460163
Published May 2013
Hart Publishing
£26.99
The Constitution of Spain: A Contextual Analysis (eBook) ISBN 9781782251347
Published May 2013
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£24.29
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The Constitution of France: A Contextual Analysis (eBook) ISBN 9781782250562
Published December 2012
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£24.29
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The Constitution of France: A Contextual Analysis ISBN 9781841137353
Published December 2012
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£26.99
The Constitution of Indonesia: A Contextual Analysis (eBook) ISBN 9781847319883
Published August 2012
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£30.59
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The Constitution of Indonesia: A Contextual Analysis ISBN 9781849460187
Published August 2012
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£33.99
The Constitution China: A Contextual Analysis (eBook) ISBN 9781847319913
Published August 2012
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£24.29
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The Constitution China: A Contextual Analysis ISBN 9781841137407
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The Constitution of Malaysia: A Contextual Analysis (eBook) ISBN 9781847319838
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£26.99
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The Constitution of Malaysia: A Contextual Analysis ISBN 9781841139715
Published July 2012
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The Constitution of the United Kingdom: A Contextual Analysis 2nd ed ISBN 9781849461603
Published January 2012
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The Constitution of the United Kingdom: A Contextual Analysis 2nd ed (eBook) ISBN 9781847318947
Published January 2012
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£11.66
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The Constitution of the Russian Federation: A Contextual Analysis ISBN 9781841137841
Published May 2011
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The Constitution of the Republic of Austria: A Contextual Analysis ISBN 9781841138527
Published April 2011
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Out of print
£28.99
The Constitution of Finland: A Contextual Analysis ISBN 9781841138541
Published November 2010
Hart Publishing
£31.99
The Constitution of Japan: A Contextual Analysis ISBN 9781841137926
Published November 2010
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£32.99
The Constitution of Germany: A Contextual Analysis ISBN 9781841138688
Published November 2010
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£26.99
The Constitution of Australia: A Contextual Analysis (eBook) ISBN 9781847317407
Published November 2010
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£25.19
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The Constitution of Australia: A Contextual Analysis ISBN 9781841137346
Published November 2010
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£27.99
The Constitution of South Africa: A Contextual Analysis (eBook) ISBN 9781847317414
Published July 2010
Hart Publishing
£25.19
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The Constitution of Vietnam: A Contextual Analysis ISBN 9781841137391
Published August 2009
Hart Publishing
£32.99