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Post Apartheid Constitutionalism

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I INTRODUCTION
Post-apartheid constitutionalism is….
This concept did not arise from positive aspirations for the future, but rather as an active effort to distance ourselves from the atrocities of the past. This paper will discuss the constitutional history of South Africa- taking into account the apartheid-era constitutions, post-apartheid constitutionalism and how, if any way, have they contributed to today’s society. The focus of this paper will be to show that despite these auspicious ideals of constitutionalism, liberalism, Bill of Rights, transformative constitutionalism and decolonisation- black people are still subjected to unequal treatment, which reduces human relations to subordination and domination.
II CONSTITUTIONALISM IN …show more content…

(biggest is not a nice word) The biggest birthing of post-apartheid constitutionalism is the doctine of of judicial review. The constitutional court is given the power to review and declare invalid any law that is inconsistent with the Constitution in pursuit of ensuring the supremacy of the Constitution. An issue that arises is that of the counter majoritarian dilemma, because although the judiciary has to adjudicate within the constraints of the constitution, without fear or favour , there is an intrinsic tension between independence and accountability, more so, because the judiciary is so racially skewed in favour of white people. THIS IS NOT WHAT THE C. MAJORITARIAN DILEMMA IS. ALSO, YOU ARE LYING. Most courts are reflect the demographics of their …show more content…

V Relationship between transformative constitutionalism and decolonisation
Transformative constitutionalism has no set definition but Justice Langa describes it as the goal and that that the core idea of transformative constitutionalism is that there needs to be social and economic change in order for us to heal the wounds of the past and move towards a better future of substantive equality.
Decolonisation is the process of freeing a country from being dependant on another country. In order for decolonisation to fully happen in practise in South Africa- it needs to be a project of recognition that allows for conversation to happen, a platform where history is engaged with.
The relationship between decolonisation and transformative constitutionalism is that in both acts, it is imperative that the past is dealt with. Transformative constitutionalism functions as a historic bridge between the past of a deeply divided society and a future founded on the recognition of human dignity as a fundamental right- things that were grossly infringed in the

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