scholarly journals 3. Die betekenis van die bepalings van die 1996 Grondwet: Die aanhef en hoofstuk 1

2017 ◽  
Vol 1 (1) ◽  
pp. 33
Author(s):  
Francois Venter
Keyword(s):  
South Africa ◽  
Linguistic Diversity ◽  
Constitutional Court ◽  
Language Usage ◽  
National Anthem ◽  
Constitutional State ◽  
Compact Formulation ◽  
The Social ◽  
National Flag

The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996. Due to the foundational and repetitive reference in the text to values, regard must constantly be had to those values when this Constitution is interpreted. Even though the preamble does not contain positive norms, is an important interpretive source of the foundations of the Constitution. An important deviation from the preamble of the 1993 Constitution, is that the term Rechtsstaat ("constitutional state") is not employed. The introduction of this notion in South African law and its meaning in general is described. With reference to relevant dicta in recent constitutional cases, the Constitutional Principles in terms of which the 1996 Constitution was formulated and the text of the Constitution itself, it is argued that this is essentially a Rechtsstaat Constitution, but that the divergence in the range of constitutional values creates the danger of the constitutional state floundering in the waters of the social state. Section 1, being the foundational provision, is not unamendable, but it is very tightly entrenched. The most profound values of the Constitution are set out in this compact formulation. The question is inevitably raised whether, where values have to compete for precedence in concrete circumstances, a hierarchy of values must be construed. An analysis of section 1 in the context of other relevant provisions of the Constitution reveals that human dignity is the primary nuclear value of theConstitution, supported by equality and freedom. Democracy, supremacy of theConstitution and the rule of law are structural and procedural values of the Constitution subordinate to the nuclear values and non-racialism and non-sexism are derived values. How it is possible for a constitution to be superior law, as section 2 provides regarding the 1996 Constitution, is analysed against the background of the social contract theory. The weaknesses of this theory are exposed and it is argued that the force external to the Constitution that guarantees its primacy, is its practical legitimacy, i.e. sufficient support or acceptance of the authority of the Constitution by the citizenry. Section 2 is phrased in strong terms and means that no juridically relevant conduct, be it of a private or public law nature, can escape the test of constitutionality. In the interpretation of section 3 the nature of citizenship and nationality is analysed with reference to international authorities and definitions of these concepts are developed. The legal implications of citizenship in the context of the Constitution are set out and the historical context of citizenship having been used in pre-constitutional times as an instrument for creating separate ethnic states, is described. The current post modern tendency in places to devalue citizenship is contrasted with the importance being attached to the notion in South Africa in the context of nation building and the employment of expatriates. Regarding sections 4 and 5 the formal regulation of the national anthem and national flag is described. The national anthem may be amended by presidential proclamation, but changes to the national flag require an amendment of the Constitution. Section 6, which deals with the complex language matter, protects linguistic diversity rather than the status of any languages. The Constitutional Court has determined that, although no express provision to this effect exists, individuals are entitled to use the language of their choice in their dealings and communications with the government. The state is required to promote "the indigenous languages of our people." This is interpreted to include the nine official indigenous African languages, Afrikaans, Khoi, Nama and San. In the determination of language policies Municipal Councils are required to take the language usage and preferences of the inhabitants into account and in the national and provincial at least two official languages must be used. Essential facts regarding language usage, demographic distribution, etc. must be taken into consideration for the determination  of a language policy to conform to the Constitution.

scholarly journals Die dialektiek in die waardes van die 1996 Grondwet

2017 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Jan Swanepoel
Keyword(s):  
South Africa ◽  
The State ◽  
The Other ◽  
Constitutional Court ◽  
Blank Space ◽  
Social Democratic ◽  
Constitutional State ◽  
The Social ◽  
The Republic ◽  
State Of Affairs

In his paper The Dialectics in the Values of the 1996 Constitution Jan Swanepoel discusses various value statements in the 1996 Constitution of the Republic of South Africa and focuses the attention on indications of a lack of coherence as far as these value statements are concerned. He does this against the background of some introductory perspectives on the 1996 Constitution. In this regard he points out that the 1996 Constitution, as successor to the 1993 Constitution with its set of thirty four constitutional principles, can be regarded as a document of political and ideological compromise. He points out that constitutions (and in particular the value statements in Bills of Rights) generally tend to be formulated rather broadly in order to promote flexibility and adaptability. He also focuses the attention on the fact that such a dialectic of values point to the variety of interests that has to be harmonized in a modern state, something which is unmistakably the case in South Africa with its heterogeneous society. The 1996 Constitution contains a variety of "value terms". A closer study of these terms does, however, indicate that these terms (value, principle, foundation, and the like) are not used in a very systematic or technical fashion. The problems regarding the value statements are, however, not only of a terminological nature. There are also some substantive problems, as becomes clear from a discussion of value terms in the Preamble and in Sections 1 and 7 of the 1996 Constitution. Swanepoel indicates that a tension exists between what can be called the "process" formulation in section 1(a) and the "state of affairs" formulation of the values in section 7(1). . While section 1(a) speaks of "the achievement of equality" and "the advancement of human rights and freedoms", section 7(1) simply makes mention of "equality" and "freedom". The dialectic between these twoformulations is discussed with reference to other relevant sections of the 1996 Constitution. The discussion is placed against the background of a so-called blank space in the1996 Constitution. While the 1993 Constitution characterized South Africa as a "constitutional state", the 1996 does not contain such a characterization. It is argued in this paper that the process phrasing in section 1 (a) ties in with a social democratic view of the state as an institution bringing about social change. The "state of affairs" phrasing of section 7(1) is, on the other hand, more in line with a liberal notion of a Rechtsstaat. The issue concerning what type of state South Africa is under the 1996 Constitution, will depend on which of the two poles in the above-mentioned dialectic the primary emphasis will be placed. Since the 1996 Constitution has been ratified by the Constitutional Court, it is regarded as extremely unlikely that the above-mentioned terminological problem will be rectified in future. Swanepoel provides a diagrammatic representation of the principle, values and objectives mentioned in the 1996 Constitution. Further research is envisaged concerning the possibility of developing a juridical model of reconciling the social-democratic and Rechtsstaat tendencies in the 1996 Constitution within the framework of a broader vision on the state’s task in bringing about justice. 

scholarly journals Landskampen Sverige-Danmark - framväxten av en svensk fotbollsnationalism

2007 ◽  
Vol 23 ◽  
Author(s):  
Torbjörn Andersson
Keyword(s):  
National Identity ◽  
Interwar Period ◽  
Ordinary People ◽  
Social Democrats ◽  
National Team ◽  
National Anthem ◽  
Regional Conflicts ◽  
National Symbols ◽  
The Social ◽  
National Flag

Artiklen belyser med udgangspunkt i landskamptraditionen, i form af fodboldslandskamp Sverige-Danmark, hvordan en svensk fodboldsnationalisme gradvis voksede frem fra 1910 -tallet. Torbjörn Andersson: The example of SwedenAround the year 1900 nationalism in Sweden was a conservative phenomenon and sports leaders were associated with this kind of grandiose patriotism. Later a more popular, collective feeling of national identity was sought – not least by the Social Democrats – in which the Swedish football national team would act as the rallying point. In this context, the internationals against Denmark – the first game goes back to 1913 – served the purpose, in that they, without descending to chauvinism, effectively contrasted the respective skills of both countries. It was at the games against Denmark that national symbols like the national anthem and the national flag became popular among ordinary people. A tradition of organised cheering was also established and this clearly showed how nationalism turned into a more popular phenomenon. This whole ritual around the international games was definitively established during the interwar period. By then the regional conflicts between Stockholm, Gothenburg and the province of Scania on how to form the strongest possible national side had more or less disappeared.

scholarly journals Constitutional State and Public Administration

2021 ◽  
pp. 17-33
Author(s):  
Karl-Peter Sommermann
Keyword(s):  
Public Administration ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
State Action ◽  
Constitutional Principle ◽  
Basic Law ◽  
Constitutional State ◽  
The Social ◽  
German Constitution ◽  
Federal Constitutional

AbstractGerman public administration is rooted in the tradition of the Rechtsstaat, which aims at the protection of human dignity and individual freedom by providing rules, principles and institutions that ensure the prevention of arbitrary state action and the protection of individual rights. At supranational and international levels, the principle of the Rechtsstaat has been merging with the common law concept of the rule of law. A dynamic interpretation of the Basic Law (the German constitution) of 1949 by the Federal Constitutional Court has constantly specified and extended the normative scope of the fundamental rights, which are directly binding on the legislative, executive and judicial powers. The constitutional principle of the social state (Sozialstaat) has enhanced not only the dynamic evolution of the law, but also the creation of largely equivalent levels of infrastructure and services in the different territories of the German state.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

Social Design for Services Framework

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Melanie SARANTOU ◽  
Satu MIETTINEN
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Research Group ◽  
Design Research ◽  
Service Design ◽  
Social Design ◽  
Practical Action ◽  
The Social ◽  
The World

This paper addresses the fields of social and service design in development contexts, practice-based and constructive design research. A framework for social design for services will be explored through the survey of existing literature, specifically by drawing on eight doctoral theses that were produced by the World Design research group. The work of World Design researcher-designers was guided by a strong ethos of social and service design for development in marginalised communities. The paper also draws on a case study in Namibia and South Africa titled ‘My Dream World’. This case study presents a good example of how the social design for services framework functions in practice during experimentation and research in the field. The social design for services framework transfers the World Design group’s research results into practical action, providing a tool for the facilitation of design and research processes for sustainable development in marginal contexts.

The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence

2017 ◽  
Vol 30 (1) ◽  
pp. 273-289
Author(s):  
Anmari Meerkotter
Keyword(s):  
Case Note ◽  
Constitutional Court ◽  
Recent Contribution ◽  
New Approach ◽  
State Accountability ◽  
The Law ◽  
Transformative Impact ◽  
Constitutional Jurisprudence ◽  
Law Of Delict

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation – the conditio sine qua non (‘but-for’) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC’s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.

Disability as a social phenomenon

2020 ◽  
pp. 22-38
Author(s):  
Natalia Guseva ◽  
Vitaliy Berdutin
Keyword(s):  
Social Protection ◽  
Russian Society ◽  
Stage Model ◽  
High Quality ◽  
Rehabilitation Programs ◽  
Current State ◽  
The Social ◽  
Consistent Solution ◽  
First Time

At present, the problem of establishing disability is a point at issue in Russia. Despite the fact that medical criteria for disability are being developed very actively, high-quality methods for assessing social hallmarks are still lacking. Since disability is a phenomenon inherent in any society, each state forms a social and economic policy for people with disabilities in accordance with its level of development, priorities and opportunities. We have proposed a three-stage model, which includes a system for the consistent solution of the main tasks aimed at studying the causes and consequences of the problems encountered today in the social protection of citizens with health problems. The article shows why the existing approaches to the determination of disability and rehabilitation programs do not correspond to the current state of Russian society and why a decrease in the rate of persons recognized as disabled for the first time does not indicate an improvement in the health of the population. The authors proposed a number of measures with a view to correcting the situation according to the results of the study.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

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