Reviewed in Choice
South Africa’s transition to democracy produced the world’s most progressive constitution. This volume examines the evolution of this remarkable document. The first section discusses the negotiations that led to the interim constitution, the drafting of the permanent constitution by the Constituent Assembly including debate over the issues of labor rights, the property clause, and education and language. A chapter also details the certification of the constitution by the Constitutional Court. The second section deals with specific rights guaranteed under the constitution including citizenship rights, gender equality, the application of constitutional provisions to private act of socioeconomic rights, and reconciling contempt of court with freedom of expression. The third section examines some of the institutions established in support of the constitution, most notably, the Constitutional Court and the Human Rights Commission as well as the federal structure of the system and reform of the criminal justice system. Written by participants in the negotiations and those with connections to the supporting institutions along with observers of the drafting process, the contributions are detailed and extensively documented. They provide insight into the development of South Africa’s constitution, its connection to human rights, its unique features, and the way the document reflects the circumstances from which it emerged. Recommended for graduate students, professional and practitioners.
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