Constitutional triumphs, constitutional disappointments : a critical assessment of the 1996 South African Constitution's local and international influence / edited by Rosalind Dixon, Theunis Roux.
2018
KTL2064.51996 .D59 2018 (Map It)
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Title
Constitutional triumphs, constitutional disappointments : a critical assessment of the 1996 South African Constitution's local and international influence / edited by Rosalind Dixon, Theunis Roux.
Published
Cambridge United Kingdom ; New York, NY, USA : Cambridge University Press, 2018.
Copyright
©2018
Call Number
KTL2064.51996 .D59 2018
Former Call Number
So.Af 910 D64 2018
ISBN
9781108415330 hardcover
1108415334 hardcover
1108415334 hardcover
Description
xii, 457 pages ; 24 cm
System Control No.
(OCoLC)1019834173
Summary
"The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Contributors
vii
Foreword / Frank I. Michelman
ix
1.
Introduction / Theunis Roux
1
2.
Mission in Progress: Toward an Assessment of South Africa's Constitution at Twenty / Catherine O'Regan
25
3.
Performance of Socio-economic Rights in the South African Constitution / David Bilchitz
45
4.
Proceduralism's Promise: The Constitutional Court, Social and Economic Rights and Democracy / Steven Friedman
88
5.
Corruption, the Rule of Law and the Role of Independent Institutions / Heinz Klug
108
6.
Violence against Women in South Africa: Constitutional Responses and Opportunities / Beth Goldblatt
141
7.
Toward Reparative Transformation: Revisiting the Impact of Violence Against Women in a Post-TRC South Africa / Andrea Durbach
174
8.
Constitutional Goal of Transforming Education: The South African Constitutional Court in Comparative Perspective / Julie C. Suk
199
9.
Race, Inclusiveness and Transformation of Legal Education in South Africa / Penelope Andrews
223
10.
Contribution of the South African Constitution to Kenya's Constitution / Yash Ghai
252
11.
Multi-Stage Constitution-Making: From South Africa to Chile? / Joel Colon-Rios
294
12.
Cure for Coups: The South African Influence on Fijian Constitutionalism / Coel Kirkby
312
13.
Policing Democracy: The Influence of South Africa's Postapartheid Security Arrangements on Police Oversight under Kenya's 2010 Constitution / Richard Stacey
341
14.
Diffusion of South African--Style Institutions? A Study in Comparative Constitutionalism / Charles Fombad
359
15.
Constitutionalism, Legitimacy, and Public Order: A South African Case Study / Aziz Z. Huq
388
16.
South African Social Rights Jurisprudence and the Global Canon: A Revisionist View / David Landau
406
Index
429