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The impact and influence of the constitutional court in the formative years of democracy in South Africa

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dc.contributor.advisor Van Wyk, D. H. Maduna, Penuell Mpapa 2015-06-08T10:50:46Z 2015-06-08T10:50:46Z 1997-06
dc.identifier.citation Maduna, Penuell Mpapa (1997) The impact and influence of the constitutional court in the formative years of democracy in South Africa, University of South Africa, Pretoria, <> en
dc.description.abstract The objective of this thesis is to assess the impact and influence of South Africa's Constitutional Court in the first two years of our democracy. To achieve this objective, some of the definitive and controversial cases already decided by the Court have been selected and analysed in an attempt to glean some jurisprudential perspectives of the Court. It focuses on the work of the Court over the past two years. It deals with the evolution of South Africa into a democracy, and analyzes the South African legal system prior to the beginning of the process of transformation. It briefly surveys the evolution of our constitutional system, dating back from the pre-1910 colonial period and provides a broad outline of the legal system in the post-April 1994 period of transformation. It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and powers. The Court is also contrasted with courts in other jurisdictions which exercise full judicial review. The Court's emerging jurisprudence is examined. A review is made, inter alia, of the Court's understanding of, and approach to, the questions of the values underpinning the post-apartheid society and its constitutional system, and constitutional interpretation. The right against self-incrimination and South African company law and the two relevant Constitutional Court cases are discussed. The collection of evidence by the State and the constitutionality of provisions relating to search and seizure and the taking of fingerprints are looked into. The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at state expense; the question of a fair trial and access to information; capital punishment; corporal punishment; committal to prison for debt; and the certification of constitutions is analyzed. Two of the cases in which the provinces clashed with the national government on the distribution of posers between provinces and the national government are discussed. The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling of particularly the controversial quasi-political questions that arose in the cases it has decided. en
dc.format.extent 1 online resource (xvii, 529 leaves)
dc.language.iso en en
dc.subject Constitutional court en
dc.subject Constitutionalism en
dc.subject Parliamentary sovereignty en
dc.subject Franchise en
dc.subject Presumption of innocence en
dc.subject Right to a fair trial en
dc.subject Right to life en
dc.subject Capital punishment en
dc.subject Corporal punishment en
dc.subject Imprisonment for debt en
dc.subject Formal and substantive equality en
dc.subject.ddc 347.12068
dc.subject.lcsh Constitutional courts -- South Africa
dc.subject.lcsh Constitutional law - South Africa
dc.subject.lcsh Constitutional history -- South Africa
dc.subject.lcsh Democracy -- South Africa
dc.title The impact and influence of the constitutional court in the formative years of democracy in South Africa en
dc.type Thesis
dc.description.department Constitutional, International and Indigenous Law L.L. D. (Law)

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