The Constitution of South Africa : A Contextual Analysis.

Format:

Book

Author/Creator:

Klug, Heinz, author.

Series:

Constitutional Systems of the World.

Constitutional Systems of the World

Language:

English

Subjects (All):

Constitutional law--South Africa.

Constitutional law.

Physical Description:

1 online resource (290 pages)

Edition:

2nd ed.

Distribution:

London : Bloomsbury Publishing (UK), 2025.

Place of Publication:

London : Hart Publishing, 2025.

System Details:

text file rdaft

Summary:

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.The book provides 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.

Contents:

Intro

Acknowledgements

Contents

Table of Cases

Table of Legislation

1. The South African Constitution: Context and History

I. Introduction: A Constitution in Context

II. History

III. Political Context

IV. The Democratic Transition

V. Conclusion: Context, Continuity and the Problem of Path Dependency

Suggested Reading

2. 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

3. The Bill of Rights

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

4. Parliamentary Democracy

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

5. Executive Government

II. The President

III. Cabinet Government

IV. Governing Principles, Independent Institutions and Executive Governance

6. Constitutional Role of the Courts

II. Historical Context

III. The Constitutional Court

IV. Strategic Engagement and Judicial Pragmatism

V. Judicial Commissions of Inquiry

VI. Conclusion: Rights, Politics and the Margins of Judicial Power

7. Independent Constitutional Institutions

I. Introduction.

II. The Emergence of Independent Institutions

III. Independent Constitutional Institutions

IV. Corruption and Constitutional 'Lawfare'

8. Spheres of Government: Co-operative Government, Regionalism and Local Government

II. Origins and Principles of Co-operative Government

III. Interpretation of Regional and Concurrent Powers

IV. Local Government and Service Delivery

9. Conclusion - The South African Constitution: Facing the Future

II. Legacies of Inequality

III. Democractic Participation, Development and Local Government

IV. The Future of Rights

V. Democracy

VI. Conclusion

Index.

ISBN:

1-5099-6325-1

1-5099-6323-5

9781509963232

OCLC:

1545641267