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Constitution of South Africa

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Constitution of South Africa
NameConstitution of South Africa
CountrySouth Africa
Created1996
Ratified1996
Date enacted1996
Effective1997
SystemParliamentary system
ChambersNational Assembly, National Council of Provinces

Constitution of South Africa. The Constitution of South Africa is the supreme law of South Africa, outlining the country's separation of powers and the relationship between the National Assembly, the National Council of Provinces, and the President of South Africa. It was drafted by the Constitutional Assembly, which included prominent figures such as Nelson Mandela, Frene Ginwala, and Roelf Meyer. The Constitution of South Africa is based on the principles of Democracy, Human rights, and the Rule of law, as enshrined in the Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights.

Introduction

The Constitution of South Africa is a comprehensive document that outlines the country's federal structure, the powers of the National Assembly and the National Council of Provinces, and the role of the President of South Africa and the Cabinet of South Africa. It also establishes the Supreme Court of Appeal of South Africa as the highest court in the country, with the power to interpret the Constitution of South Africa and ensure that it is upheld. The Constitution of South Africa has been influenced by the United States Constitution, the Canadian Charter of Rights and Freedoms, and the European Convention on Human Rights, and has been praised by organizations such as the United Nations and the African Union.

History

The Constitution of South Africa has a long and complex history, dating back to the Union of South Africa and the South Africa Act 1909. The Constitution of South Africa was drafted during the Negotiations to end apartheid in South Africa, which involved key figures such as Nelson Mandela, Frene Ginwala, and Roelf Meyer, as well as organizations such as the African National Congress and the National Party (South Africa). The Constitution of South Africa was adopted on May 8, 1996, and came into effect on February 4, 1997, replacing the Interim Constitution of South Africa. The Constitution of South Africa has been amended several times, including the Constitution Twelfth Amendment Act of 2005 and the Constitution Seventeenth Amendment Act of 2012, which were passed by the National Assembly and the National Council of Provinces.

Structure

The Constitution of South Africa is divided into several chapters, including the Preamble to the Constitution of South Africa, the Bill of Rights, and the chapters on the National Assembly, the National Council of Provinces, and the President of South Africa. The Constitution of South Africa also establishes the Provincial legislatures of South Africa and the Local government in South Africa, and outlines the relationship between the National government and the Provincial governments. The Constitution of South Africa has been influenced by the Constitution of India, the Constitution of Germany, and the Constitution of France, and has been praised by scholars such as Joseph Raz and Ronald Dworkin.

Bill of Rights

The Bill of Rights is a fundamental part of the Constitution of South Africa, outlining the rights and freedoms of all people in South Africa. The Bill of Rights includes the right to Equality before the law, the right to Freedom of speech, and the right to Freedom of association, as well as the right to Life, the right to Liberty and security of the person, and the right to Freedom from torture. The Bill of Rights has been influenced by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples' Rights, and has been praised by organizations such as Amnesty International and Human Rights Watch. The Bill of Rights has also been the subject of several important court cases, including the S v Makwanyane case, which was heard by the Constitutional Court of South Africa.

Amendments

The Constitution of South Africa can be amended by a two-thirds majority in the National Assembly and a majority in the National Council of Provinces. The Constitution of South Africa has been amended several times, including the Constitution Twelfth Amendment Act of 2005 and the Constitution Seventeenth Amendment Act of 2012, which were passed by the National Assembly and the National Council of Provinces. The Constitution of South Africa has also been the subject of several important court cases, including the United Democratic Movement v President of the Republic of South Africa case, which was heard by the Constitutional Court of South Africa. The Constitution of South Africa has been influenced by the Constitution of the United States, the Constitution of Canada, and the Constitution of Australia, and has been praised by scholars such as Cass Sunstein and Stephen Breyer.

Judicial Review

The Constitutional Court of South Africa has the power to review the Constitution of South Africa and ensure that it is upheld. The Constitutional Court of South Africa has heard several important cases, including the S v Makwanyane case and the United Democratic Movement v President of the Republic of South Africa case. The Constitutional Court of South Africa has also been influenced by the Supreme Court of the United States, the Supreme Court of Canada, and the High Court of Australia, and has been praised by scholars such as Aharon Barak and Stephen Sedley. The Constitutional Court of South Africa has played a crucial role in upholding the Constitution of South Africa and ensuring that it is respected by all branches of government, including the National Assembly, the National Council of Provinces, and the President of South Africa.

Category:Constitutions