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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Constitutional review of social reform legislation in South Africa: a 'civil society' model
Author:Roux, TheunisISNI
Periodical:Annual conference - African Society of International and Comparative Law
Geographic term:South Africa
Subjects:property rights
company law
Abstract:The property clause in the final South African Constitution, if it is to reflect the essential nature of the political contract struck between the ANC and the National Party, must somehow guarantee existing property rights whilst yet leaving the State room to pursue social reform legislation. No existing property rights review model is suited to this task. There is accordingly a need to design a completely new model in South Africa with regard to the constitutional review of social reform legislation. Such a model must satisfy at least two essential requirements. First, it must allow social reform legislation necessary to the reconstruction and development of South African society to survive constitutional challenge. Second, it must remain true to the history of struggle against the abuse of State power. The article describes how such a civil society model might operate in practice. Notes, ref.