Constitutionalism in India and South Africa: A Comparative Study from a Human Rights Perspective

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University of Alberta (Canada), 2006 - Civil rights - 85 pages
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This thesis examines and compares from a human rights perspective, both the constitution-making processes and the bills of rights of the Indian and the South African constitutions. The emphasis in this study is on the making of constitutions. It examines the impact on their contents of the radically divergent processes by which these constitutions were forged and the different international landscapes amidst which those processes occurred. The overarching thematic argument of this thesis is that a constitution may play a transformative role on further constitutionalism in four critical ways: (1) by defining the nature of the state, including a broad equality provision; (2) by addressing social and societal oppression and past injustices; (3) by defining property and land rights; and (4) by defining social and economic rights. This thesis examines and compares how the framers in India and South Africa used the framework of rights to achieve these tasks.

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