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South Africa's Theory Of Constitutionalism

Posted on:2011-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:H Y YuFull Text:PDF
GTID:2166360305950960Subject:Constitution and Administrative Law
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Just the past century, especially after World Warâ…¡, the constitutional theory was developed by leaps and bounds. More and more countries accept the constitutional doctrine. Today, constitutional theory is still in the continually developing, and constitutionalism in many country-specific practice of constantly perfected.Constitutionalism exactly what is included? This is a difficult question to answer. But now can be accepted by scholars to say that constitutional doctrine must include an advanced bill of rights contains the Constitution and a dynamic system of judicial review. Otherwise, it is not a constitutional doctrine. Constitutional doctrine in a real country, the constitution of political and cultural life in people's status as the Bible should be the same as in medieval Europe. The constitution must be advanced by people of faith are truly strong binding. The Constitution in a true constitutional state will not only be a proper name but one of the best through the test and compare a variety of examples of constitutionalism has been a profound understanding of the nature, background and value concepts. Active in the judicial review system as constitutional doctrine constituted another essential element of the original is just a U.S. phenomenon, while the system is active judicial review of constitutional theory to legal constraints in the institutionalization of the idea of power. Each country in a constitutional doctrine based on the specific conditions of their own active set up their own judicial review system, the system directly to the practice of constitutional doctrine to determine the impact of the country.South Africa's constitutional revolution is in time away from our most recent and most have a worldwide influence of the constitutional revolution. From the practice of constitutionalism in South Africa, we can see that constitutionalism is not a concoction of advanced theories and systems. Only when the constitutional doctrine is rooted in society into a culture and beliefs, constitutionalism can really play out of it freed from political power, the right to become a powerful driving force to promote social progress in an important role. In this paper, the South African constitutional revolution in the background, results and analysis of the problem to in-depth analysis of South Africa, the impact of the constitutional revolution and hope that our country can get some learning and experience.
Keywords/Search Tags:South Africa, constitutionalism, constitution, the judicial review system
PDF Full Text Request
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