Exam (elaborations)
TRANSFORMATIVE CONSTITUTIONALISM
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Question 3: sources dealing with transformative constitutionalism
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SEPTEMBER 2021: PORTFOLIOIRM1501: Introduction to research for law and criminal justice
Written by
Camecia Cass
Question 3
Find three (3) sources dealing with transformative constitutionalism that are
NOT mentioned in the study material.
SOURCES:
1. Transformative Constitutionalism in South Africa: 20 Years of Democracy
Mashele Rapatsa (Mr.)
2. What do we mean when we talk about transformative constitutionalism?
Marius Pieterse* University of the Witwatersrand
3. Transformative constitutionalism as/ and critique Karin van Marle BLC LLB
LLM LLD Professor, University of Pretoria
TRANSFORMATIVE CONSTITUTIONALISM
Rapatsa reflects on the transformative nature of South Africa’s Constitution, over the
past 20 years, the entrenchment of institutional framework and challenges facing
transformative constitutionalism. Rapatsa reckon that for the past twenty years,
South Africa has been under constitutional democracy premised on the supremacy
of the Constitution. An agenda of transformative constitutionalism which became
operative post the 1994 first democratic elections. He
consider transformative constitutionalism important for
three reasons; giving the true meaning of democracy,
enriching the human rights discourse and reshaping
social welfare in the country.
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