South Africa's Crisis of Constitutional Democracy: Can the U.S. Constitution Help?Robert A. Licht One of the most dramatic developments of the final decades of the 20th century is the unraveling of apartheid in the Republic of South Africa. The question that the world asks is: Will this evolution result in the first true liberal democracy in sub-Saharan Africa-one founded on self-government and full and equal citizenship for all? How can the legacy of apartheid be undone while the rights of all are kept secure? How can the promise of equal economic opportunity be fulfilled as vast economic inequalities are abolished? This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way. Essays apply lessons from American history to the constitutional development of South Africa. |
Contents
INTRODUCTION Robert A Licht and Bertus de Villiers | 1 |
CONSTITUTIONALISM In the New South AfricA | 18 |
SOUTH AFRICA VIEWED THROUGH THE EYES OF THE 33 | 33 |
FEDERALISM AND THE PROPOSALS OF THE NATIONAL | 47 |
CAN AMERICAN FEDERALISM HELP SOUTH AFRICA? | 62 |
LIBERTY COMMERCE AND PROSPERITYAND A BILL | 87 |
AMERICAN DEMOCRACY AND THE ACQUISITIVE | 103 |
POSTAPARTHEID SOUTH AFRICA John Dugard | 122 |
WHAT IS A BILL OF RIGHTS AND WHAT IS IT GOod | 143 |
STRENGTHS AND LIMITATIONS OF A NEW NATIONAL | 166 |
SOLVING THE PRoblem of DemoCRACY Walter Berns | 180 |
A COMPARATIVE PERSPECTIVE ON PARTIES | 201 |
CONSTITUTIONALISM AND A SEMIPARTY SYSTEM IN | 218 |
143 | 226 |
NOTES | 239 |
201 | 248 |