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| Title: | Democratic constitutionalism in post-apartheid South Africa: the interim constitution revisited |
| Author: | Tambe Endoh, Fabrice |
| Year: | 2015 |
| Periodical: | Africa Review: Journal of African Studies Association of India (ISSN 0974-4061) |
| Volume: | 7 |
| Issue: | 1 |
| Pages: | 67-79 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | legal reform democratization constitutional law apartheid |
| External link: | https://doi.org/10.1080/09744053.2014.990769 |
| Abstract: | A great challenge facing the contemporary South African society and its constitutional democracy is that of securing greater levels of equality, socio-economic and political justice amongst its citizens, especially the black majority. Approximately 20 years subsequent to the end of the apartheid system of racial injustices, the majority in contemporary South African society still remain excluded from the beneficial mainstream and the bill of rights expressed in the interim constitution. This paper seeks to review the role played by the constitution vis-á-vis the Constitutional Court in redressing the past imbalances created by the apartheid regime. Through an analysis of the relevant constitutional law jurisprudence and related legislations including case law, the paper shows that whilst progress had been initially made in addressing the past imbalances brought by apartheid, there is greater need to strengthen the legislative and judicial arms of government, including the courts' attitude towards improving the recognition of the rights contained in the bill of rights for the benefit of all South Africans. Bibliogr., sum. [Journal abstract] |
