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The Constitution of South Africa: A Contextual Analysis, 2nd Edition

The Constitution of South Africa: A Contextual Analysis, 2nd Edition

Author: Heinz Klug
Publisher: Hart Publishing
ISBN: 9781509963225

Previous Edition ISBN: 9781841137377
Published In: October 2025
Format: Hardback , 311 pages
Jurisdiction: Africa ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509963317

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Contents
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This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context. The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

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

Heinz Klug is Evjue-Bascom Professor of Law and Director of the Global Legal Studies Center at the University of Wisconsin Law School and an Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand.