Transformative Constitutionalism and Customary …

Transformative Constitutionalism and Customary Law Aninka Claassens* Geoff Budlender I IntroductIonThe late Chief Justice Pius Langa famously wrote:The Constitution is located in a history which involves a transition from a society based on division, injustice and exclusion from the democratic process to one which respects the dignity of all citizens, and includes all in the process of governance. As such, the process of interpreting the Constitution must recognise the context in which we find ourselves, and the Constitution s goal of a society based on democratic values, social justice and fundamental human rights. This spirit of transition and transformation characterises the constitutional enterprise as a in the constitutional era, Karl Klare wrote penetratingly about the legal work which has to be undertaken if the Constitution is to achieve its Transformative The work has to start with a questioning of the origins, underlying premises and purposes of the status quo law.

of indigenous law in Alexkor as a system which ‘feeds into, nourishes, fuses with and becomes part of the amalgam of South African law’.13 4 Interrogate the ‘official’ versions of customary law which we have inherited

Loading..

Tags:

  South, African, Customary, Transformative, Constitutionalism, Transformative constitutionalism and customary, South african law, Customary law

Information

Related search queries