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Author:   Heinz Klug (University of Wisconsin, USA)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Edition:   2nd edition
Dimensions:   Width: 14.40cm , Height: 1.80cm , Length: 21.60cm
Weight:   0.520kg
ISBN:  

9781509963225

ISBN 10:   1509963227
Pages:   312
Publication Date:   30 October 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1. THE CONSTITUTION OF SOUTH AFRICA: CONTEXT AND HISTORY I. Introduction: A Constitution in Context II. History III. Political Context IV. Conclusion: Context, Continuity and the Problem of Path Dependency Further Reading 2. DEMOCRATIC TRANSITION I. Introduction II. Negotiating the 1993 Interim Constitution III. The Role of Law in the Democratic Transition IV. The Practice of Transitional Law V. Conclusion: Transitional Law, Democratization and Justice Further Reading 3. SOURCES OF THE CONSTITUTION I. Introduction II. Constitution-Making and the Constitutional Assembly III. Legacies, Legal Traditions and the Limits of Path Dependency IV. Text and Legal Interpretation V. Conclusion Further Reading 4. CONSTITUTIONAL PRINCIPLES I. Introduction II. Constitutional Principles III. Constitutional Principles in The Constitutional Court IV. Constitutional Principles in Practice V. Founding Principles, Basic Structure and the Future VI. Conclusion Further Reading 5. THE BILL OF RIGHTS I. Introduction II. Constitutional Rights III. Interpreting the Bill Of Rights IV. The Bill Of Rights within the Frame of Dignity, Equality and Freedom V. Socio-Economic Rights VI. Bill Of Rights, Rule of Law and States of Emergency VII. Conclusion: Pursuing Rights in A Land of Vast Inequalities Further Reading 6. PARLIAMENTARY DEMOCRACY I. Introduction II. Electoral System, Political Rights and the Formation of Government III. Parliament as Law-Giver IV. Parliament As Watchdog V. Conclusion: Democratic Participation and the Challenge of Post-Apartheid Democracy Further Reading 7. EXECUTIVE GOVERNMENT I. Introduction II. The President III. Cabinet Government IV. Governing Principles, Independent Institutions and Executive Governance V. Conclusion Further Reading 8. CONSTITUTIONAL ROLE OF THE COURTS I. Introduction II. Historical Context III. Creation of the Constitutional Court IV. Strategic Engagement and Judicial Pragmatism V. Conclusion: Rights, Politics and the Margins of Judicial Power Further Reading 9. CO-OPERATIVE GOVERNMENT, REGIONALISM AND LOCAL GOVERNMENT I. Introduction II. Origins and Principles of Co-Operative Government III. Interpretation of Regional and Concurrent Powers IV. Local Government and Service Delivery V. Conclusion Further Reading 10. THE CONSTITUTION OF SOUTH AFRICA: FACING THE FUTURE I. Introduction II. Legacies of Inequality III. The Future of Rights IV. Democracy V. Conclusion Index

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Author Information

Heinz Klug is John and Rylla Bosshard Professor of Law at the University of Wisconsin Law School, USA, and Visiting Professor of Law in the School of Law at the University of the Witwatersrand, Johannesburg, South Africa. He was Fulbright Scholar at the University of Ghana School of Law 2024-2025.

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