Transcription of Transformative Constitutionalism - Stellenbosch University
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Transformative Constitutionalism - Stellenbosch University
+(,121/,1(. Citation: 17 Stellenbosch L. Rev. 351 2006. Provided by: Available Through: Stellenbosch University Content downloaded/printed from HeinOnline Fri Mar 3 06:59:00 2017. -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Transformative Constitutionalism *. Justice Pius Langa Chief Justice of the Republic of South Africa. 1 Introduction Both the Constitutional Court1 and other courts 2 view the Constitu- tion as Transformative . The previous Chief Justice has written that a "commitment ..to transform our society ..lies at the heart of the new constitutional order". 3 It is clear that the notion of transformation has played and will play a vital role in interpreting the Constitution.))
constitutionalism faces in South Africa, it is necessary to say what I understand the concept to mean. Unfortunately, there is no single accepted definition. The current Deputy Chief Justice4 has said in this regard: "the meaning of transformation in juridicial terms is as highly contested as it is difficult to formulate". ...
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