oa Codicillus - Who really governs in South Africa's constitutional democracy : parties or "we, the people"?



The debate over the "floor-crossing" legislation enabling members of the legislatures to change parties and yet retain the membership of such legislatures highlighted some of the challenges facing multi-party democracy in South Africa and many other "democracies". Based on the assumption that the Constitution, which purported to establish democracy or government of the people, ended up entrenching partycracy, or government of parties, this article focuses on floor-crossing and investigates the relationship between partycracy, floor-crossing constitutionalism and democracy.


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