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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Demokratiese waardes in Suid-Afrikaanse grondwetlike regspraak
Author:Kroeze, I.J.ISNI
Year:2005
Periodical:Tydskrif vir geesteswetenskappe
Volume:45
Issue:3
Pages:349-356
Language:Afrikaans
Geographic term:South Africa
Subjects:democracy
judicial review of legislation
values
judgments
constitutional courts
Abstract:In constitutional cases in South Africa, democratic values are used for three purposes: to contrast the current constitutional dispensation with the earlier, unacceptable dispensation; to indicate some kind of connection with human rights, especially equality, freedom, human dignity and voting rights; and to refer to the function of courts and the traditional division of State powers. Problems such as the counter-majoritarian difficulty and the conflict between the moral convictions of the majority and those of individuals are seldom addressed. In terms of interpretation theory, it seems clear that the meta-narrative of the objective 'finding' of meaning has been replaced by the meta-narrative of constitutional values. They are used to legitimate the idea of the objectivity of interpretation of statutes. This is an attempt to mask the reality of interpretation as a political activity. In all cases it serves as a kind of collective denial of fundamental differences and conflict in society. Notes, ref., sum. in English, text in Afrikaans. [Journal abstract]
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