Constituting Democracy: Law, Globalism and South Africa's Political Reconstruction

ISBN-13: 9780521786430 / Angielski / Miękka / 2000 / 284 str.

Heinz Klug

Opis

Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.

Recenzje

'Constituting Democracy is essential reading for anyone who is interested in comparative constitutionalism, the politics of constitutional adjudication, and the role of the Constitutional Court in South Africa's democratic transition. It is an important attempt to rethink the relationship between democracy and constitutionalism, as well as between the global and the local. It is original, engaging, perceptive and well written.' Journal of Public Law

Spis treści

Introduction; 1. Post twentieth-century constitutionalism?; 2. Legal legacies and constitutional paths; 3. Constitutionalism in global perspective; 4. Constitutional strategies; 5. Constitutionalism in the democratic transition; 6. Global impact: international imperatives and their hybridization; 7. The constitutional court and the institutional dynamics of constitutionalism; 8. Constitutional imaginations and the possibilities of justice.