Constitution, the bank of the united states and the powers of the federal government, the role of the federal courts in the constitutional framework, separation of powers. The first constitution for the union of south africa was adopted in 1910. This book presents the south african constitution in its historical and social context, providing 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 africa. The case law is coupled with analysis from a range of selected contributors. The constitution of the republic of south africa, 1996, was approved by the constitutional court cc on 4 december 1996 and took effect on 4 february 1997. South africa alicia hudson soc 315 professor norsworthy may 6, 20 south africa south africa, a country on the southern tip of africa, has an area of 471,442sq mi and a population of 44,188,000. Constitutional law of south africa second edition 5 volume. The story of south africas constitution nelson mandela. The constitution of the republic of south africa, 1996, schedule 2 oaths and solemn affirmations, act 108 of 1996. The story of the constitutional court constitution hill.
Though its doors were first opened by then president nelson mandela on 14 february 1995, it occupied temporary accommodation elsewhere for a decade, until the new court was inaugurated at constitution hill as an act of reclaiming a. The practice of constitutional interpretation in postapartheid south africa. The constitution hill precinct is located at 11 kotze street in braamfontein, johannesburg near the western end of the suburb of hillbrow. No other law or government action can supersede the provisions of the constitution. The constitution of a country is a set of rules and values for those who govern and those who are governed. The dignity jurisprudence of the constitutional court of. Since the enactment of the seventeenth amendment of the constitution in 20, the constitutional court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. South africa s 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. Why are south african cities still so segregated 25 years. Unfortunately, i have to limit myself to the constitutional position of just two of the many religions in the country, as space and time do not allow for more. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in the south african general election, 1994. The period 1909 to 1910 covers the independence period and is essentially the genesis of the constitutional development of south africa. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici, core principles that animate the basic law democracy, legality, the rule of law, cooperative governance, institutional constitutional.
The person or organisation who thinks that constitutional law has been violated not respected, can take the problem to the courts or to a human rights body. South africa is a country of many cultures, known by its citizens as the rainbow nation. Sanire south african national institute of rock engineering. Cambridge core political theory building the constitution by james fowkes. Mar 01, 20 constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. Ims is publishing the mine seismology reference book. The founding provisions of the constitution set out the principles and guarantees of democracy in south africa. The constitution of south africa is the supreme law of the republic of south africa.
Introduction in 1993, south africa adopted a transitional or interim constitution also referred to as the ic, enshrining a nonracial, multiparty democracy, based on respect for universal rights. The constitutional court of south africa combines almost all of the above attributes. Oct 21, 2019 johannesburg is a microcosm of south africa. South africa is widely considered to have one of the fairest and most progressive constitutions in the world. Wikipedia article, wikidata item the constitution of the r epublic of south africa, 1996, is the current constitution that forms the basis for the law and government of the nation of south africa. In 1960 the white government held a referendum to decide whether south africa would become a republic. Discover delightful childrens books with prime book box, a subscription that delivers new books every 1, 2, or 3 months new customers receive 15% off your.
Negotiation, transition and freedom chapter 3 the south. The constitution of the republic of south africa, schedule 3 oaths of office and solemn affirmations, act no. A constitution supports and protects a country and the heritage and culture of its peoples. List of books and articles about south african history online. Commencement of certain provisions of the constitution of the republic of south africa, 1993. Authored by lauren segal and sharon cort, this book charts the histories that shaped the constitution. Chapter nine institutions refer to a group of organisations established in terms of chapter 9 of the south african constitution to guard democracy. The right to education is enshrined in the bill of rights chapter of the south african constitution, which states that. Constitution of the republic of south africa, 1996. Today the fundamental rights of south africans are enshrined in our constitution under the bill of rights.
It was originally the final appellate court for constitutional matters. Constitutional court of sa this court, the highest court in south africa, was born of the countrys first democratic constitution in 1994. I swear that, as judge of the constitutional court, i will be faithful to the republic of south africa, will uphold and protect the constitution and the human rights entrenched in it, and will administer. For most of the second half of the 20th century, apartheid south. This period was characterised by the enactment of the south africa act by the british parliament, establishing an independent union of south africa comprising the territories of cape colony, orange free state, natal and transvaal. Oxford university press south african constitutional law. Though chapter nine calls for a broadcast regulator it does not specifically mandate the independent communications. Fourth amendment of the constitution of south africa. The constitution of the republic of south africa south.
This gave rights to the white minority but took away the right to vote of the majority of south africans. Discover librarianselected research resources on south african history from the questia online library, including fulltext online books, academic journals. South africas 1996 final constitution is widely recognised as the crowning achievement of the countrys dramatic transition to democracy. Field guide to rocks and minerals of southern africa is the first definitive field guide to document the common, rare and unusual rocks and minerals of south africa, namibia, botswana, zimbabwe, lesotho, swaziland and also southern mozambique. On the other hand, if what youre looking for is a concise and uptodate account of the major constitutional developments in south africa since 1994, this book, despite its faults, is probably the best thing on the market. Free constitutional law books download ebooks online. Constitutional documents of south africa sister projects. South african constitutional law in context offers a comprehensive, clear, and concise introduction to the study of south african constitutional law. In over 100 journal articles and book chapters, professor woolmans publications traverse such varied subject matter as institutional constitutional law, bill of rights analysis, jurisprudence, applied analytic and empirical philosophy, education policy. The fourth amendment of the constitution of south africa made two technical changes relating to the calling of provincial elections and the choice of delegates to the national council of provinces.
The aboriginal indigenous people the san bushmen and khoikhoi collectively known as khoisan were joined by an influx of bantu and europeans to evolve into presentday south africa. The constitution of the republic of south africa the constitution is the supreme law of the land. Constitution of the republic of south africa, 1996 south. The republic of south africa is one, sovereign, democratic state founded on the following values. Mar 17, 2017 why south africas constitution is under attack. However, for those criticsand i include myself among them particularly interested in the constitutional courts ability to advance. Brand south africa south africas constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. On 31 may 1961 south africa was declared a republic.
This book presents the south african constitution in its historical and social context, providing students and teachers of constitutional law and politics an. In south africa the vision of the constitution is for everybody to be equal. Constitution of the republic of south africa, 1996 on. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the government. This transition began with the unbanning of the liberation movements and release of nelson mandela from prison in february 1990. This book presents the south african constitution in its historical and social context, providing students and teachers of. The theoretical approaches to constitutional interpretation are first briefly discussed. Build a united and democratic south africa able to take its rightful place as a sovereign state in the family of nations. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of south africa as a multiracial democracy. The hill overlooks downtown johannesburg to the south and the wealthy northern suburbs of houghton, parktown and sandton to the north. It enumerates a bill of rights for the people of south africa. The case is then analysed in respect of section 3 5, chapter 3 and the constitution itself in order to determine the significance. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the south african constitution, and to understand its critical importance and potential.
On 21 march, south africa celebrates human rights day. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici, core principles that animate the basic law democracy, legality, the rule of law, cooperative governance, institutional constitutional law. Although south africa is africa s most developed country, most of the black people rural and urban are poor, with. The constitution of south africa essay 50865 words. Constitution of the republic of south africa, 1996chapter 8. Constitutional bodies of south africa national government.
Constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. What are the basics of the south african law on bail. It is predominately a black ethnicity with 76% of the population. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by the constitutional assembly. The constitutional court of south africa johann kriegler address to cornell university law students on october 25, 2002. South africas national integrated resource plan 2012 19. This book presents the south african constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to. The constitutional court of south africa is a supreme constitutional court established by the constitution of south africa. Justice and the department of justice and constitutional.
Aug 23, 20 the constitutional court makes the final decision whether an act of parliament, a provincial act or conduct of the president is constitutional, and must confirm any order of invalidity made by the supreme court of appeal, the high court of south africa, or a court of similar status, before that order has any force. In an acclaimed new building at constitution hill, the 11 judges stand guard over the constitution and protect everyones human rights. The south african constitution the south african constitution describes the social values of the country, and sets out the structures of government, what powers and authority a government has, and what rights citizens have. This day is a commemoration of the 1960 sharpeville massacre and how far the nation has come in the protection of fundamental human rights. A collection of papers by legal and constitutional practitioners who assess the experiences of constitution making in ethiopia, south africa and uganda. Constitution, charter and religions in south africa. The world bank said in may 2018 that south africa remains the most economically unequal country in the world. Jun 11, 2017 the constitutional court in the constitution hill precinct, hillbrow image. Participatory democracy meets the hard rock of energy policy. Financial and fiscal commission ffc independent communications authority of south africa icasa municipal demarcation. Constitution of the republic of south africa, 1996 14e.
It was enacted by the parliament of south africa, signed by acting president thabo mbeki on 17 march 1999, and came into force two days later. South africa is what we call a constitutional democracy. This article is about the south african constitution,1 the south african charter of religious rights and freedoms south african charter2 and religions in south africa. This is followed by a description of the four respective judgments in the decision. It defines south africa as one, sovereign, democratic state based on principles of human rights, constitutional supremacy, the rule of law and universal adult suffrage. Constitution hill is the seat of the constitutional court of south africa. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the south african constitution, and to understand its critical. Oxford university press south african constitutional.
Statutes of the republic of south africaconstitutional law constitution of the republic of south afiica act, ss. Defining culture, heritage and identity south african. Between a rock and a hard place africa criminal justice. A must read not only for law students but also political science students i guess but also anyone interested in these issues and how the constitution really works and how it is best applied as far as the. Review karen paul 1989 journal of business ethics 8 6. The chapter contains a supremacy clause which establishes that all other law and actions are subject to the constitution. In order to understand the role and functioning of the south african constitutional court, a brief historical introduction is necessary. This bill of rights is a cornerstone of democracy in south africa. The highest court in the land, south africas constitutional court is a deeply symbolic and significant site. Commencement of sections 4 and 7 of the constitution of the republic of south africa second amendment act, 2001. Auditorgeneral south africa agsa commission for gender equality cge commission for the promotion and protection of the rights of cultural, religious and linguistic communities.
1368 790 1145 358 17 268 20 1340 248 864 297 957 917 194 1163 609 589 802 192 154 360 1392 446 1049 826 126 593 531 212 662 1498 493 350 729 1299 329 1305 906 1283 138 1447 142 965 1019 20 771