Constituting Democracy

Against the backdrop of South Africa’s transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug’s larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism despite the widespread recognition that courts are institutionally weak, lack adequate resources and are largely inaccessible to most citizens. He places this question in a broader context, evaluating the appeal of different constitutional models and illustrating how globalized institutions can be adapted to serve local domestic needs. Incorporating constitutional law, politics and legal history, this examination of South Africa’s constitution-making process provides important insights into the role of law in the transition to democracy.