Rights and Constitutionalism

This book offers an overview of South Africa's new constitutional framework, examining fundamental rights in a global context, while analyzing historical background, key rights, and the principles underpinning constitutionalism.

Rights and Constitutionalism offers a comprehensive introduction to the new constitutional framework in South Africa. The authors, notable academics in the field, aim to contextualize the rights outlined in Chapter 3 of the South African Constitution within a broader comparative and international framework. By examining constitutional experiences from countries such as Canada, India, Germany, and the United States, the book highlights the influences that shaped the drafting of South Africa's Constitution, particularly regarding fundamental rights.

The book is structured into four distinct parts. The first section delves into the concepts of constitutionalism, democracy, and the interpretation of the constitution. The second part traces the historical context leading to the 1993 Constitution, outlining its key features. The third section focuses on a detailed analysis of essential fundamental rights, addressing civil and political rights, social and economic rights, equality, and administrative justice. It also discusses the conditions under which rights may be limited and includes a dedicated chapter on the international protection of human rights as stipulated in Section 35(1) of the Constitution.

In conclusion, Rights and Constitutionalism serves as a valuable resource for constitutional law scholars and political scientists interested in the principles of constitutionalism and litigation. Its thorough examination of the foundational principles of South Africa's constitutional order and its comparative analysis make it an important contribution to the understanding of rights and governance in a democratic context.