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This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.
This work investigates the foundational principles and structural framework of the post-apartheid South African constitutional order. The authors, a group of prominent South African legal academics, utilize comparative law and international human rights standards to analyze the transition toward a democratic constitutional state. The text argues that the supremacy of the Constitution and the role of the judiciary are the primary mechanisms for ensuring the protection of fundamental rights in the new political landscape.
What You Will Find
Legal scholars and practitioners identify this text as a foundational resource for understanding the early development of South Africa's constitutional democracy. Experts frequently note the academic rigor of the prose, making it a standard reference for those engaged in constitutional litigation and political science research.
Page Count:
784
Publication Date:
1996-12-19
Publisher:
Clarendon Press
ISBN-10:
0198262256
ISBN-13:
9780198262251
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