Edited by Penelope Andrews and Stephen Ellmann
"This book helps us to understand more fully how our Constitution was created, and why it took the form it did."
"The themes canvassed in this volume provide the reader with a rich array of perspectives that will resonate beyond the borders of South Africa."
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.
Penelope Andrews is an Associate Professor of Law at the City University of New York School of Law. More info →
Stephen Ellmann is a Professor of Law and Associate Dean for Faculty Development at New York Law School. More info →
This book is not available for desk, examination, or review copy requests.
Permission to reprint
Permission to photocopy or include in a course pack via Copyright Clearance Center
Limits to Liberation after Apartheid
Citizenship, Governance, & Culture
Edited by Steven L. Robins
Postapartheid South Africa struggles with race tensions, social inequalities, and unemployment that are contributing to widespread crises. In addressing the transition to democracy, Limits to Liberation After Apartheid examines issues of culture and identity, drawing attention to the creative agency of citizens of the “new” South Africa.
After the TRC
Reflections on Truth and Reconciliation
Edited by Wilmot James and Linda van de Vijver
Has South Africa dealt effectively with the past, and is the country ready to face the future? What are the challenges facing both government and civil society in the years ahead? These and other questions are explored in this collection of essays by international and local commentators on the Truth and Reconciliation Commission.A range of perspectives on whether the TRC met its objectives of truth and reconciliation is presented.
Political Science · African History · African Studies · South Africa · Apartheid
The Decolonization of Africa
By David Birmingham
This bold, popularizing synthesis presents a readily accessible introduction to one of the major themes of twentieth-century world history. Between 1922, when self-government was restored to Egypt, and 1994, when nonracial democracy was achieved in South Africa, 54 new nations were established in Africa.
History · Algeria · Africa · Southern Africa · South Africa · Nationalism · Colonialism and Decolonization · History | Modern | 20th Century · African History · Political Science · African Studies · Northern Africa