n South African Journal on Human Rights - Constitutionalism and Transitional Justice in South Africa, Andrea Lollini : book review

Volume 28, Issue 3
  • ISSN : 0258-7203



Though celebrated overseas, the Constitution of the Republic of South Africa, 1996 and the Constitutional Court of South Africa have never been more unpopular at home, particularly in the ruling African National Congress (ANC). Gwede Mantashe, the ANC secretary-general, has repeatedly lambasted the interventions of judges sitting on the 'highest court of the land', while the executive announced earlier this year the Courtâ??s decisions would be subject to review.1 Meanwhile, a basic political right, freedom of the press, seems to be secondary to an ill-defined 'national security'. Perhaps there is no better time to take a closer look at the seeds of the entire fracas - in the Constitution and the transition to democracy, writ large. To this end, Andrea Lollini - now professor of Comparative and Constitutional Law at the University of Bologna, Italy - has provided a valuable service for English-speaking audiences in releasing a translation of his book, titled (originally, ). This work must be applauded - and will be most appreciated by comparativists, legal theorists, and historians â?? for applying a nuanced continental European perspective to the South African transition, and for casting light on what makes the 'Rainbow Nation' both exceptional and consistent with nation-building projects elsewhere.

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