03400cam a2200421Ii 4500 on1128059254 OCoLC 20200305113029.0 191120s2019 sa b 001 0 eng d Z@L eng rda Z@L Z@L OCLCF ZAAPA 9781928480266 1928480268 (OCoLC)1128059254 342.68023 23 ZAAA Malan, Koos, author. There is no supreme constitution : a critique of statist individualist constitutionalism / Koos Malan. [Stellenbosch, South Africa] : African Sun Media under the Sun Press imprint, 2019. xiii, 309 pages ; 25 cm text txt rdacontent unmediated n rdamedia volume nc rdacarrier Includes bibliographical references and index. 1. Constitutionalism -- 2. Statist-individualist constitutionalism -- 3. Statist-individualist constitutionalism in post 1994 South Africa -- 4. There is no supreme constitution -- 5. The Constitution of the Republic of South Africa is not supreme and its rights not entrenched - The changing South African constitution -- 6. The unity of power and the dependence and partiality of the judiciary -- 7. Constitutional supremacy and judicial impartiality hermeneutically viewed - The fiction of guaranteed rights -- 8. Universal individual rights -- 9. Beyond statist-constitutionalism - Pointers to politocratic constitutionalism. None 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. Constitutional law South Africa. Separation of powers South Africa. Law Political aspects. Judicial power. Constitutional law. fast (OCoLC)fst00875797 Judicial power. fast (OCoLC)fst00984696 Law Political aspects. fast (OCoLC)fst00993795 Separation of powers. fast (OCoLC)fst01112740 73938 South Africa. fast (OCoLC)fst01204616 South Africa. Constitution of the Republic of South Africa, 1996. South Africa. Bill of Rights. C0 ZAAPA 46506 46506 0 0 ddc 0 0 DAPA DAPA 2020-03-06 342.68 MAL APA023979 2020-03-06 1 2020-03-06 BK