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2 - History and Background

Published online by Cambridge University Press:  25 July 2009

Mark S. Kende
Affiliation:
Drake University, Iowa
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Summary

I came here because of my deep interest and affection for a land settled by the Dutch in the mid-seventeenth century, then taken over by the British, and at last independent; a land in which the native inhabitants were at first subdued, but relations with whom remain a problem to this day; a land which defined itself on a hostile frontier; a land which has tamed rich natural resources through the energetic application of modern technology; a land which once imported slaves, and now must struggle to wipe out the last traces of that former bondage. I refer of course to the United States of America.

Senator Robert F. Kennedy, University of Cape Town, South Africa, June 6, 1966

During constitutional negotiations in the early 1990's, South African communist party leader Joe Slovo broke the deadlock between the predominantly white National Party and the opposition. The Constitutional Court, however, subsequently rejected the Constitutional Assembly's proposed constitution. Few would have thought that the communist party would supply statesmen-like compromises whereas the Court would appear obstructionist. This is only one example of the twists and turns leading to South Africa's 1996 Constitution.

This chapter focuses on South Africa's transition from apartheid to democracy, and on the birth of the United States — the world's oldest constitutional democracy. Further, this chapter compares the South African Constitutional Court's structure with that of the U.S. Supreme Court.

Type
Chapter
Information
Constitutional Rights in Two Worlds
South Africa and the United States
, pp. 16 - 51
Publisher: Cambridge University Press
Print publication year: 2009

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  • History and Background
  • Mark S. Kende, Drake University, Iowa
  • Book: Constitutional Rights in Two Worlds
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576010.003
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  • History and Background
  • Mark S. Kende, Drake University, Iowa
  • Book: Constitutional Rights in Two Worlds
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576010.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • History and Background
  • Mark S. Kende, Drake University, Iowa
  • Book: Constitutional Rights in Two Worlds
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576010.003
Available formats
×