n Tydskrif vir die Suid-Afrikaanse Reg - Revisiting the politics of post-apartheid constitutional interpretation : aantekeninge

Volume 2003, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



This note revisits the consideration of how legal interpretation and adjudication have been affected and have changed since the beginning of the South African political and legal transformation that started almost a decade ago. How has the shift from authoritarianism to democracy, from a system of parliamentary sovereignty to constitutional supremacy and the adoption of a supreme constitution that entrenches not only civil and political, but also socio-economic rights placing affirmative duties on the state, been reflected in legal interpretation and in the actions of judges? To what extent has the metaphor of the constitution as a "bridge" from an authoritarian past to a democratic future proved accurate? (See Mureinik "A bridge to where? Introducing the interim bill of rights" 1994 31.)

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