The constitutional reconstruction of South Africa: some essential safeguards

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Periodical article

Title:	The constitutional reconstruction of South Africa: some essential safeguards
Author:	Weeramantry, C.G.
Year:	1987
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	3
Issue:	1
Pages:	1-44
Language:	English
Geographic term:	South Africa
Subjects:	constitutions constitutional reform
Abstract:	On the assumption that the Constitution of the new South Africa will be written, rigid, and supreme, that a unitary and not a federal concept will be adopted, and that South Africa will need a bicameral legislature, giving due weightage not only to territorial divisions, but also to ethnic/linguistic/traditional groupings, the author proceeds to examine certain specific matters which will be of special importance to the draftsmen of the new Constitution. These relate to principles of nonderogability, the status of international law, the optional protocol to the International Covenant on Civil and Political Rights, Article 41 of the International Covenant, the African Charter on Human and Peoples' Rights, a Bill of Rights, human rights instruments, the problem of reverse discrimination, freedom of movement, law days/weeks and/or human rights days, the separation of powers, protections of the judiciary, the legal profession, the powers of the Head of State, Roman-Dutch law, minority protections, the status of customary law, national goals and directive principles, the concept of duties, and freedom of information. Ref.