Is the South African Constitution an obstacle to a democratic post-colonial state?

This article reviews recent criticisms levelled against the South African Constitution, particularly those focussed on the idea that the Constitution is a Eurocentric document that perpetuates forms of colonial discourse/political and economic structure in South Africa. Written for the South African...

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Bibliographic Details
Published in:South African journal on human rights 2018-12, Vol.34 (3), p.359-374
Main Author: Davis, D.M.
Format: Article
Language:English
Subjects:
Colonialism
Legal transformation
Nature of constitutionalism
Online Access:Get full text
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Summary:This article reviews recent criticisms levelled against the South African Constitution, particularly those focussed on the idea that the Constitution is a Eurocentric document that perpetuates forms of colonial discourse/political and economic structure in South Africa. Written for the South African Journal on Human Rights conference on decolonisation and the law, it focuses on two different schools of thought, described as constitutional promoters and denigrators, and then seeks to respond to both approaches.
ISSN:0258-7203
1996-2126
DOI:10.1080/02587203.2018.1543839