Towards a Democratic Legal Order for South Africa

bibliographic database
Line

Periodical article

Title:	Towards a Democratic Legal Order for South Africa
Author:	Dugard, John
Year:	1990
Periodical:	African Journal of International and Comparative Law
Volume:	2
Issue:	3
Pages:	361-383
Language:	English
Geographic term:	South Africa
Subjects:	constitutional reform human rights Politics and Government Law, Human Rights and Violence
External link:	https://heinonline.org/HOL/Page?handle=hein.journals/afjincol2&id=381&collection=journals&index=journals/afjincol
Abstract:	This paper examines the constitutional options for postapartheid South Africa and the current debate over these options; and the future of human rights and the likely mechanisms for protecting rights. After a discussion of the failure of the 1983 South African Constitution, the paper deals with the following constitutional issues, which will feature prominently on the agenda of negotiations: a) the nature of the State: will it be unitary, federal, confederal, or partitioned? b) constitutional checks and balances to protect minorities; c) a bill of rights, notably the question of group rights versus individual rights and possible restrictions on freedom of speech; d) the redistribution of land and wealth, and affirmative action. Finally, the paper discusses objections to the present judiciary as the custodian of a bill of rights. Notes, ref., sum. in French.