This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Democracy came to South Africa in April 1994, when the African National Congress won a landslide victory in the first free national election in the country’s history. That definitive and peaceful transition from apartheid is often cited as a model for others to follow. The new order has since survived several transitions of ANC leadership, and it averted a potentially destabilizing constitutional crisis in 2008. Yet enormous challenges remain. Poverty and inequality are among the highest in the world. Staggering unemployment has fueled xenophobia, resulting in deadly aggression directed at refugees and migrant workers from Zimbabwe and Mozambique. Violent crime rates, particularly murder and rape, remain grotesquely high. The HIV/AIDS pandemic was shockingly mishandled at the highest levels of government, and infection rates continue to be overwhelming. Despite the country’s uplifting success of hosting Africa’s first World Cup in 2010, inefficiency and corruption remain rife, infrastructure and basic services are often semifunctional, and political opposition and a free media are under pressure. In this volume, major scholars chronicle South Africa’s achievements and challenges since the transition. The contributions, all previously unpublished, represent the state of the art in the study of South African politics, economics, law, and social policy.

"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description

This book presents a holistic perspective and analysis of democratic practice, processes, and governance in South Africa. It examines the development in the South African governing system and its response to the challenges of the crisis of governance under the influence of the African Peer Review Mechanism (APRM). While doing so, the book's central objective is to examine the progress of the South African government in strengthening democracy and political governance. Each of the contributions follows a similar structure and addresses the following thematic issues: (1) Assessment of the implementation of the core APRM-related programs; (2) Identification of areas of excellence and prognosis for further improvement; (3) Identification of the weak areas of each and how to make the future implementation better, (4) Identification areas to improve democracy and political governance. A self-assessment strategy initiated by the African Union (AU) in 2002 and adopted in 2003, the APRM is a voluntary mechanism adopted by countries in the African continent to improve governance in general. As a specialized AU agency, APRM monitors the peer review activities of each African country. It serves as a tool for sharing experiences, reinforcing best practices, identifying deficiencies, and assessing capacity-building needs to foster policies, standards, and practices that lead to political stability, high economic growth, sustainable development, and accelerated sub-regional and continental economic integration. This book will be useful for and appeal to scholars and researchers in political science, public administration, and the social sciences in general, as well as policy-makers interested in a better understanding of democratic practice and processes, governance, public policy, and the African Peer Review Mechanism.

South Africa is awash with policy failures, and policy confusion. We argue firstly, that our current discord over policy details has its origin in the (celebrated) negotiated transition. We hold that the vote count of an 85% majority in the Constituent Assembly in 1996 obscured the reality that the Constitution meant different things to different negotiators. The result was that South Africa, from the very start of the democratic era, lacked a national consensus on how to go about consolidating democracy. We keep on failing to build a proper roof over our democracy because the constitutional foundations are weak.

The transition from apartheid to democracy in South Africa has raised questions, on the one hand, about the tension between the imperatives of justice and equality and, on the other, reconciliation. Transforming the decades' old apartheid system under conditions of a political compromise has turned out to be a formidable challenge. This paper is about the complexity of the transformation process going on in South Africa. Although too early for a real assessment of the experi-ment, the tensions, dilemmas, contradictions, paradoxes and some of the changes have already begun to mani-fest themselves.The paper shows how political deals affect the administration of justice, and how they impinge upon the nature of democracy, often by frustrating efforts to realise social goals in the post-authoritarian phase. It also raises the fundamental question of the broader necessities for the long-term survival of democracy in South Africa.