South Africa's Experience in Constitution-Building
This chapter draws on a brief history of the constitution-making process in South Africa to highlight five particular aspects of constitution-building. Noting that the process of constitution-making has become a key element in political transitions and post-conflict settlements in the post-cold war era, it is argued that the process of building a constitutional democracy encompasses a far broader range of issues than the drafting and adoption of a new constitution. The chapter identifies and discusses five sources of variation in constitution-building processes that impact the different issues enabling the building of a constitutional democracy. First, there is a temporal dimension, which may be characterised as being both macro and micro in scope, in that the general historic timing of a democratic transition as well as the specific time-frames within the process of constitution-making, all have clear consequences for the choices available to the parties. Second, there is a question of process in which the specific process of constitution-building, chosen from a range of historic options, is deployed by the parties to achieve specific advantages over their opponents but can also serve as a means to ensure that the political transition proceeds. Third, participation in the constitution-building process is an aspect that is important both for those who are active in the actual constitution-making process as well as the broader society that is called upon to accept and legitimate the constitutional product as the basis of a future social compact. Fourth, the recognition and use of constitutional principles is an important element of constitution-building in this era. Finally, the substantive choices inherent in a constitution-building process involve alternative institutional designs and substantive elements of the constitution, all of which have a significant impact on the overall process of constitution-building.
Negotiating Beyond Deadlock: From the Constitutional Assembly to the Court
On May 7, 1996 about 50 politicians were gathered together in the Parliament buildings in Cape Town negotiating the final details of South Africa's long-awaited democratic Constitution. There, too, were huddles of advisers, the long-suffering members of the administrative staff of the Constitutional Assembly, and members of the press who, generally absent from the process, had come to record the last moments. Behind the scenes the lay-out team was ready to put the last touches to the document and printers stood ready. Late that night, Cyril Ramaphosa, the Chairperson of the Constitutional Assembly, pleaded with the group in his characteristically ironic fashion: “I know it's late but just 20 minutes more, just 20 minutes – for our Constitution which is for the next 20 years, no, 50 years, 100 years, 200 years. …”
Great American Bridges and Dams
Bridges: Spanning the Nation. Dams: Controlling a Precious Resource. Saving Bridges and Dams. Guide to the Guide. THE BRIDGES AND DAMS. New England. Mid-Atlantic. South. Midwest. Southwest. West. Epilogue: The Ones That Got Away. Further Reading. Information Sources. Index.