Conquest, Constitutionalism and Democratic Contestations: South African Perspectives

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Joel M. Modiri

Conquest, Constitutionalism and Democratic Contestations

South African Perspectives

Joel M. Modiri

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English

Routledge
14 October 2024

Constitution: government & the state; Political structures: democracy; Constitutional & administrative law

Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches.

This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities.

This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.

Edited by: Joel M. Modiri
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 246mm, Width: 174mm,
Weight: 470g
ISBN: 9781032925486
ISBN 10: 1032925485
Pages: 256
Publication Date: 14 October 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Joel M. Modiri is a Senior Lecturer in the Department of Jurisprudence at the University of Pretoria, South Africa, and an Associate Editor of the South African Journal on Human Rights. He holds an LLB cum laude, and his PhD thesis was entitled The Jurisprudence of Steve Biko: A Study in Race, Law and Power in the ‘Afterlife’ of Colonial-apartheid. He mainly teaches in the fields of Social Theory, Race and Law, and Legal Philosophy.