Non Us Legal Systems

Constituting Democracy: Law, Globalism and South Africa’s by Heinz Klug

By Heinz Klug

Opposed to the backdrop of South Africa's transition from apartheid, this provocative ebook explores the function of past due twentieth-century constitutionalism in facilitating political switch. whereas utilizing South Africa as a case research, Klug's greater venture is to enquire why there was renewed religion in justiciable constitutions and democratic constitutionalism, regardless of their many flaws. This exam of South Africa's constitution-making approach offers very important new insights into the position of legislation within the transition to democracy.

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Additional resources for Constituting Democracy: Law, Globalism and South Africa’s Political Reconstruction

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This was achieved by analogizing die property defined under die Glen Grey Act to communal forms of tenure which had already been excluded as a source 37 CONSTITUTING DEMOCRACY of property rights for determining franchise rights. 61 Natal Law No. 62 Citizenship in the Cape and Natal was thus formally tied to a process of assimilation to colonial standards of education and property, while in the Transvaal and the Orange Free State citizenship and political participation had an expressly racial construction.

First, there is the flow of political-legal ideas contained in the historically available models of constitutional experiences which help shape (and no doubt limit) the imaginations46 of the individual and institutional participants in subsequent efforts at political reconstruction. Second, there are the interconnected flows of ideas, information and resources which are implicit in the interactions of a potentially global civil society. Thus, while internal factors are arguably less important to the outcome of efforts at political reconstruction than the availability of constitutional models, it is also true that the defining feature of the wave of political reconstruction and constitution-making that has characterized the end of the cold war is its historical timing.

G. Kotze's public plea before a meeting of the Convention for a rigid constitution with a bill of rights,24 based on the original Orange Free State's adoption of an American-style constitution, s 152 of the South Africa Act empowered Parliament to 'repeal or alter any of the provisions of this Act' by a simple majority in both Houses. However, there were exceptions to this principle in the form of entrenched clauses. These represented compromises reached by the Convention to: Natal's demands for rigidity; the Cape's demand to retain the Cape Franchise; the general concern to guarantee language equality among whites; and the sop of overrepresentation in Parliament granted to the two smaller provinces.

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