There is no supreme constitution : a critique of statist-individualist constitutionalism / Koos Malan.

Format:

Book

Author/Creator:

Malan, Koos, author.

Language:

English

Subjects (All):

Constitutional law--South Africa.

Constitutional law.

Physical Description:

1 online resource (324 pages)

Place of Publication:

[Place of publication not identified] : Sun Press, [2019]

Summary:

None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Vulnerable to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.

Contents:

Constitutionalism

Statist-individualist constitutionalism

Statist-individualist constitutionalism in post 1994 South Africa

There is no supreme constitution

The Constitution of the Republic of South Africa is not supreme and its rights not entrenched

The changing South African constitution

The unity of power and the dependence and partiality of the judiciary

Constitutional supremacy and judicial impartiality hermeneutically viewed

The fiction of guaranteed rights

Universal individual rights

Beyond statist-constitutionalism

Pointers to politocratic constitutionalism.

Notes:

Description based on print version record.

ISBN:

1-928480-27-6