Building the Constitution
Building the Constitution

Author: James Fowkes

Publisher: Cambridge University Press

Published: 2016-12-15

Total Pages:

ISBN-13: 1316867412

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This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.

Political Identity and Social Change
Political Identity and Social Change

Author: Jamie Frueh

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 257

ISBN-13: 079148775X

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Political Identity and Social Change builds upon the constructivist theory of political identity to explore the social changes that accompanied the end of apartheid in South Africa. To gain a better understanding of how structures of identity changed along with the rest of South Africa's institutions, Frueh analyzes three social and political conflicts: the Soweto uprisings of 1976, the reformist constitutional debates of 1983–1984, and post-apartheid crime. Analyzing these conflicts demonstrates how identity labels function as structures of social discourse, how social activity is organized through these structures, and how both the labels and their power have changed during the course of South Africa's transition. In this way, the book contributes not only to the study of South African society, but also provides lessons about the relationship between identity and social change.