LEADER 02940nam 2200385 450 001 9910793848303321 005 20201207122847.0 010 $a1-928480-27-6 035 $a(CKB)4100000009583463 035 $a(MiAaPQ)EBC6321174 035 $a(EXLCZ)994100000009583463 100 $a20201207d2019 uy 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aThere is no supreme constitution $ea critique of statist-individualist constitutionalism /$fKoos Malan 210 1$a[Place of publication not identified] :$cSun Press,$d[2019] 210 4$dİ2019 215 $a1 online resource (324 pages) 311 $a1-928480-26-8 327 $aConstitutionalism -- Statist-individualist constitutionalism -- Statist-individualist constitutionalism in post 1994 South Africa -- There is no supreme constitution -- The Constitution of the Republic of South Africa is not supreme and its rights not entrenched -- The changing South African constitution -- The unity of power and the dependence and partiality of the judiciary -- Constitutional supremacy and judicial impartiality hermeneutically viewed -- The fiction of guaranteed rights -- Universal individual rights -- Beyond statist-constitutionalism -- Pointers to politocratic constitutionalism. 330 $aNone of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Vulnerable to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution. 606 $aConstitutional law$zSouth Africa 615 0$aConstitutional law 676 $a342.68 700 $aMalan$b Koos$01487800 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910793848303321 996 $aThere is no supreme constitution$93707824 997 $aUNINA