IRM1501
Introduction to research for law and criminal justice
ASSIGNMENT 1 & 2- SEMESTER 1/2024
Written by
Camecia Cass
This document contains the questions and answers to Assignment
1&2
BUY ME TO VIEW THE ANSWER
, ASSIGNMENT ONE
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and
identify three basic principles of transformative constitutionalism.
(6 MARKS)
Answer
Karl Klare lists the following as elements of transformative constitutionalism.
“Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law. I have in mind
a transformation vast enough to be inadequately captured by the phrase 'reform,' but
something short of or different from 'revolution' in any traditional sense of the word.” 1
The Constitution of the Republic of South Africa, 1996 (referred to as the
Constitution) forms the basis of transformative constitutionalism. Professor Karl
Klare introduced the concept of transformative constitutionalism 2 in light of the
country's system of constitutional supremacy and the principles outlined in the
Constitution.3 Chief Justice P Langa (at the time) emphasized the distinctive
transformative nature of the Constitution in comparison to other nations' constitutions
in that:
It represents a decisive break from, and a ringing rejection of, that part of the
(apartheid) past which is disgracefully racist, authoritarian, insular, and repressive
and a vigorous identification or commitment to a democratic, universalistic, caring
and aspirationally egalitarian ethos, expressly articulated in the Constitution.4
1
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 286.
2
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 146.
3
Constitution of the Republic of South Africa, 1996.
4
S v Makwanyane and Another (CCT3/94) 1995 ZACC 3.
Introduction to research for law and criminal justice
ASSIGNMENT 1 & 2- SEMESTER 1/2024
Written by
Camecia Cass
This document contains the questions and answers to Assignment
1&2
BUY ME TO VIEW THE ANSWER
, ASSIGNMENT ONE
QUESTION 1
With relevant decided cases, discuss transformative constitutionalism and
identify three basic principles of transformative constitutionalism.
(6 MARKS)
Answer
Karl Klare lists the following as elements of transformative constitutionalism.
“Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law. I have in mind
a transformation vast enough to be inadequately captured by the phrase 'reform,' but
something short of or different from 'revolution' in any traditional sense of the word.” 1
The Constitution of the Republic of South Africa, 1996 (referred to as the
Constitution) forms the basis of transformative constitutionalism. Professor Karl
Klare introduced the concept of transformative constitutionalism 2 in light of the
country's system of constitutional supremacy and the principles outlined in the
Constitution.3 Chief Justice P Langa (at the time) emphasized the distinctive
transformative nature of the Constitution in comparison to other nations' constitutions
in that:
It represents a decisive break from, and a ringing rejection of, that part of the
(apartheid) past which is disgracefully racist, authoritarian, insular, and repressive
and a vigorous identification or commitment to a democratic, universalistic, caring
and aspirationally egalitarian ethos, expressly articulated in the Constitution.4
1
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 286.
2
K Klare 'Legal Culture and Transformative Constitutionalism' (1998) 14 SAJHR 146.
3
Constitution of the Republic of South Africa, 1996.
4
S v Makwanyane and Another (CCT3/94) 1995 ZACC 3.
