Constituting Democracy: Law, Globalism and South Africa's Political Reconstruction

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Cambridge University Press, Sep 11, 2000 - History - 270 pages
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Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.
 

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Contents

PostTwentiethCentury Constitutionalism?
18
Regulating political conflict at the end of history
23
International political culture and legitimate government
27
Legal Legacies and Constitutional Paths
29
Rejecting Judicial Review
30
Faith in the Law
35
Legitimacy of the Courts
44
Constitutionalism in Global Perspective
48
Procedure and substance in the constitutionmaking process
95
Participating from the outside Mobilization and popular pressures on the makers of the interim constitution
110
Embracing constitutionalism enabling democracy
116
Global Impact International Imperatives and their Hybridization
118
At the core is property
124
Globalism and hybridization
136
The Constitutional Court and the Institutional Dynamics of Constitutionalism
139
Creating the new Constitutional Court
140

Globalization and its implications for systems of governance
49
Beyond the nationstate
51
Globalization and international political culture
58
Globalizing constitutionalism
61
Globalism constitutionalism and the Rule of Law
66
Constitutional Strategies
69
Turning to constitutionalism
71
Constitutional responses to apartheids legacy
85
Constitutionalism in the Democratic Transition
93
Sovereign possibilities
94
Introducing constitutional review
142
Defending the Courts legitimacy
158
Constitutional Imaginations and the Possibilities of Justice
160
Bounded alternatives bounded conflicts
176
Conclusion
178
Notes
183
Bibliography
224
Index
260
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