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Perspectives on South Africa's Basic Law
Ohio University Press
December 2001
On Sale: December 15, 2001
628 pages
ISBN: 0821414003
EAN: 9780821414002
Paperback
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Non-Fiction
In a book which offers a unique range of perspectives on the
development of South Africa's Interim and final
Constitutions, scholars, practising lawyers, members of the
judiciary and the Human Rights Commission, and political
leaders illuminate the many issues of process, substance and
context presented by the Constitutions.
Essays on
process make clear the challenges and the triumphs of South
Africa's constitutional rebirth. The authors examine such
questions as the extent of popular involvement in South
Africa's exercise in constitution writing, the impact of
political force, human transformation, and reasoned
persuasion on the agreements that were reached, and the
Constitutional Court's extraordinary role in assessing the
negotiators' efforts.
Contributions on the substance
of the Constitution address both its human rights provisions
and issues of governmental structure and institutional
context. The articles on rights attest to the breadth of the
new rights protections, with essays on free speech,
socio-economic rights and their application to private
actors, women's rights, traditional authority, cultural
rights, and the rights of non-citizens.
Chapters on
structure and context reflect how important the institutions
through which a government operates are to the actual
implementation of the Constitution's aspirations. These
wide-ranging pieces look at three of the newly created
structures of South African government — the federal aspects
of the Constitutions, the Constitutional Court, and the
Human Rights Commission — and at the process of change in
the criminal justice system, a particularly important
institution carried over from an old order.
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