The Quest for Constitutionalism

Polarization in South Africa: Toward Democratic Deepening or Democratic Decay?

“…The settlement forging democracy was a result of a sophisticated process of constitutional engineering conducted principally by ANC and NP elites that facilitated the adoption of a Bill of Rights; a hybridization between parliamentary and presidential systems of government; a quasi-federal devolution of powers to nine new provinces; and various checks and balances, including the establishment of democracy-promoting institutions such as a public protector (an ombudsperson with extensive investigatory powers). Above all, the executive and legislative bodies were subject to the constitution, with a new Constitutional Court becoming the final arbiter of whether policies and actions were constitutional (Corder, Federico, and Orru 2014).…”

Educating South African Legal Practitioners: Combining Transformative Legal Education With Ubuntu

“…The latter notion as coined and popularized by Karl Klare has since preoccupied constitutional jurisprudence with felicitous debate. 26 In other words, the provisions of the Bill of Rights would remain meaningless unless making the aspirations therein contained realizable for ordinary citizens. 27 In addition, our courts are enjoined not to interpret in accordance with moral or philosophically charged convictions but rather value-based judgments that are principled and grounded upon integrity.…”