By A Faure, Jan-Erik Lane, A M Faure
The Republic of South Africa (RSA) held its first totally democratic elections in April 1994. They have been a hugely obvious sign that the RSA is admittedly relocating from the period of apartheid in the direction of a democratic constitutional nation. the method is an archetypal case of a negotiated transition of a regime, and as such it truly is of significant curiosity to scholars of constitutional mechanisms.
The participants to this booklet, best South African political scientists, talk about the method, the problems and the achievements within the transformation of the RSA's political and felony associations. They tackle numerous elements of constitutional layout and their interactions with social forces. They research the recent structure, the jobs of presid
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Extra resources for South Africa: Designing New Political Institutions
The salient aspect here seems to be that there are differing, even opposing views on the nature of the state or system and that at best it will achieve more clarity in the final constitution, given the provisions that exist. How ever, at worst the prognosis is that the 'middle of the road position' has no potential effectively to serve South Africa's constitutional, political and economic needs, and that more time and fundamental consideration are necessary to bring about a structure and composition of state more respon sive to existing realities.
Lanham: University Press of America. , L. Schlemmer and D. Van Vuuren ( 1 991 ) Policy Options for a New SOllth Africa. Pretoria: Human Sciences Research Council. De Villiers, B. ) ( l 994a) Birth of a Constitution. Kenwyn: Juta. De Villiers, B. ) ( l 994b) Evaluating Federal Systems. Dordrecht: Martinus Nijhoff. Diamond, L. ( 1 994) 'Civil Society and Democratic Consolidation: Building a Culture of Democracy in a New South Africa', in H. Giliomee and L. Schlemmer (eds) The Bold Experiment: South Africa's New Democracy.
3. ] Status of the Principles Almost all the sections of the interim constitution can be amended by a two thirds majority in a joint sitting of Parliament. The Constitutional Principles are excluded, and fully entrenched. Therefore no majority will be sufficient to amend or repeal any of them. Accordingly, no government, even with more than a two-thirds majority, can override those principles. Hence, the constitution-making process is bound by decisions taken in the World Trade Centre. In order to ensure that the principles are adhered to and included in the final constitution, the Constitutional Court has been established with the task of certifying that it is indeed the case, before the final constitution can be implemented.