HFL1501
2024
HFL1501
Assignment 2(QUIZ) Semester 1
2024
USERHistorical Foundations of South African Law (University of
South Africa)
, HFL1501
Assignment 2
Unique no: 808562
Due Date: 16 April 2024
QUESTION 1: Learning Unit 1
1.1The correct way to refer to the South African Constitution currently in
for is ‘Transformative Constitutionalism’ or ‘The Transformative
Constitutional Project’. Professor Karl Clare, an American legal
philosopher defines Transformative Constitutionalism as follows:
¨A long-term process of constitutional enactment, interpretation, and enforcement
committed to transforming a country’s political and social institutions and power
relationships in a democratic, participatory and egalitarian direction.
Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law¨.
1.2The ‘non-violent political processes grounded in law’ is referred to and
described as a mission, which is the transformative constitutional project.
The Constitution guides the mission through its determination to bring about
transformation. This transformation relates to changes in our society such
as service delivery, the economy, land matters, transportation; sociological
issues such as healthcare or education; the political arena or its role players.
All laws of the Constitution should be in line with transformation. All legal
problems should be applied to the Constitution in order to solve them. The
Preamble of the Constitution describes the understanding of law as being
guided by the spirit and purpose of the Constitution.
HFL1501
41057341
2024
HFL1501
Assignment 2(QUIZ) Semester 1
2024
USERHistorical Foundations of South African Law (University of
South Africa)
, HFL1501
Assignment 2
Unique no: 808562
Due Date: 16 April 2024
QUESTION 1: Learning Unit 1
1.1The correct way to refer to the South African Constitution currently in
for is ‘Transformative Constitutionalism’ or ‘The Transformative
Constitutional Project’. Professor Karl Clare, an American legal
philosopher defines Transformative Constitutionalism as follows:
¨A long-term process of constitutional enactment, interpretation, and enforcement
committed to transforming a country’s political and social institutions and power
relationships in a democratic, participatory and egalitarian direction.
Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law¨.
1.2The ‘non-violent political processes grounded in law’ is referred to and
described as a mission, which is the transformative constitutional project.
The Constitution guides the mission through its determination to bring about
transformation. This transformation relates to changes in our society such
as service delivery, the economy, land matters, transportation; sociological
issues such as healthcare or education; the political arena or its role players.
All laws of the Constitution should be in line with transformation. All legal
problems should be applied to the Constitution in order to solve them. The
Preamble of the Constitution describes the understanding of law as being
guided by the spirit and purpose of the Constitution.
HFL1501
41057341
