IRM1501
May/June PORTFOLIO 2026
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Due Date: 20 May 2026
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Helpful answers and guidelines
Detailed explanations and/ or calculations
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, 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
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).
© Study Shack 2026. All rights Reserved +27 81 278 3372
May/June PORTFOLIO 2026
Unique number
Due Date: 20 May 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+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
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).
© Study Shack 2026. All rights Reserved +27 81 278 3372
