IRM1501
May/June PORTFOLIO 2026
Unique number:
Due Date: 20 May 2026
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of the
Republic of South Africa, 1996. It refers to the process of changing South African society
from the injustices of apartheid to a democratic society based on human dignity, equality
and freedom. The Constitution created a legal foundation for social and political change. The
Preamble confirms this goal by recognising the injustices of the past and promoting a society
based on democratic values, social justice and human rights.1 Transformative
constitutionalism therefore requires the law to support social change and protect vulnerable
people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social institutions
through constitutional interpretation and enforcement.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of
the Republic of South Africa, 1996. It refers to the process of changing South African
society from the injustices of apartheid to a democratic society based on human
dignity, equality and freedom. The Constitution created a legal foundation for social
and political change. The Preamble confirms this goal by recognising the injustices
of the past and promoting a society based on democratic values, social justice and
human rights.1 Transformative constitutionalism therefore requires the law to support
social change and protect vulnerable people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social
institutions through constitutional interpretation and enforcement.2 The purpose is
not only to change legal rules but also to improve power relations and social
conditions in a peaceful and democratic manner. This makes the Constitution more
than a document of rules. It becomes an instrument for rebuilding society after
apartheid. Langa CJ also argued that the Constitution represents a clear break from
the racist and authoritarian system of apartheid.3 The Constitution promotes a caring
and equal society where all people are protected by the law. Transformative
constitutionalism therefore requires judges, lawyers and legal researchers to
interpret the law in line with constitutional values.
The democratic values of dignity, equality and freedom guide transformative
constitutionalism. Courts are expected to develop the common law and legislation in
a manner that promotes these values.4 Ubuntu is also an important value linked to
transformative constitutionalism because it promotes fairness, humanity and respect
for others. Mokgoro stated that ubuntu supports reconciliation and social justice in
South African law.5 This shows that constitutional interpretation must reflect African
values and the lived realities of people in society.
1
Constitution of the Republic of South Africa, 1996 Preamble.
2
Karl Klare, ‘Legal Culture and Transformative Constitutionalism’ (1998) 14 South African Journal on Human
Rights 146, 150.
3
Pius Langa, ‘Transformative Constitutionalism’ (2006) 3 Stellenbosch Law Review 351, 351.
4
Constitution of the Republic of South Africa, 1996 ss 1, 39(2).
5
Yvonne Mokgoro, ‘Ubuntu and the South African Law’ (1998) 1 Potchefstroom Electronic Law Journal 15, 18.
May/June PORTFOLIO 2026
Unique number:
Due Date: 20 May 2026
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of the
Republic of South Africa, 1996. It refers to the process of changing South African society
from the injustices of apartheid to a democratic society based on human dignity, equality
and freedom. The Constitution created a legal foundation for social and political change. The
Preamble confirms this goal by recognising the injustices of the past and promoting a society
based on democratic values, social justice and human rights.1 Transformative
constitutionalism therefore requires the law to support social change and protect vulnerable
people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social institutions
through constitutional interpretation and enforcement.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of
the Republic of South Africa, 1996. It refers to the process of changing South African
society from the injustices of apartheid to a democratic society based on human
dignity, equality and freedom. The Constitution created a legal foundation for social
and political change. The Preamble confirms this goal by recognising the injustices
of the past and promoting a society based on democratic values, social justice and
human rights.1 Transformative constitutionalism therefore requires the law to support
social change and protect vulnerable people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social
institutions through constitutional interpretation and enforcement.2 The purpose is
not only to change legal rules but also to improve power relations and social
conditions in a peaceful and democratic manner. This makes the Constitution more
than a document of rules. It becomes an instrument for rebuilding society after
apartheid. Langa CJ also argued that the Constitution represents a clear break from
the racist and authoritarian system of apartheid.3 The Constitution promotes a caring
and equal society where all people are protected by the law. Transformative
constitutionalism therefore requires judges, lawyers and legal researchers to
interpret the law in line with constitutional values.
The democratic values of dignity, equality and freedom guide transformative
constitutionalism. Courts are expected to develop the common law and legislation in
a manner that promotes these values.4 Ubuntu is also an important value linked to
transformative constitutionalism because it promotes fairness, humanity and respect
for others. Mokgoro stated that ubuntu supports reconciliation and social justice in
South African law.5 This shows that constitutional interpretation must reflect African
values and the lived realities of people in society.
1
Constitution of the Republic of South Africa, 1996 Preamble.
2
Karl Klare, ‘Legal Culture and Transformative Constitutionalism’ (1998) 14 South African Journal on Human
Rights 146, 150.
3
Pius Langa, ‘Transformative Constitutionalism’ (2006) 3 Stellenbosch Law Review 351, 351.
4
Constitution of the Republic of South Africa, 1996 ss 1, 39(2).
5
Yvonne Mokgoro, ‘Ubuntu and the South African Law’ (1998) 1 Potchefstroom Electronic Law Journal 15, 18.
