oa Comparative and International Law Journal of Southern Africa - Local and regional autonomy: the comparative law approach to residential and spatial conflicts

Volume 18, Issue 3
  • ISSN : 0010-4051



The author argues that it would be totalitarian to undertake the forced achievement of total integration in South Africa in ethnically and otherwise distinctly divided societies in the country. Apart from many other considerations against it, such a plan would result in severing the individual from his natural ties. The preservation of the cultural dimension of constitutional law is being recognised as a most important, new task in comparative constitutional law. Without this cultural dimension of the "Kulturverfassungsrecht", societies in the world of mass technology will be easily manipulated and, therefore, politically unstable. Total integration may be seen as the advent of Caesarism. The comparison of laws dealing with ethnic and group conflicts shows that these conflicts are legally expressed in the conflicting purposes of the right to free movement and the right to the protection of the integrity of communities. The common object of these two equally important rights is territory. The successful harmonisation of the conflicting principles therefore requires adequate spatial management. To be adequate in modern times, no policy can be without the democratic involvement of the people concerned.

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