Review article
https://doi.org/10.31141/zrpfs.2018.55.130.943
Significance and role of the constitutional court in democratic transition– the example of the Republic of South Africa
Vedran Zlatić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
The Constitutional Court, since the introduction of this institution into the legal system, has played a significant role in the legal constitutional system. With time the importance of this institution has increased. Thus, the Constitutional Court has slowly become an unavoidable participant in the creation of the most important political and legal processes in the country. One of the most obvious examples of the wide significance of the Constitutional Court is the case of the democratic transition in the Republic of South Africa during the 90's of the last century. That is, then the Constitutional Court of the Republic of South Africa played one of the main roles in directing and in creating the new legal constitutional framework the aim of which was to ensure a successful transition. Actually, it can be said that the Constitutional Court itself participated in the creation of this new constitutional order which certainly represented a rare example of such a role of this institution in the whole process of the constitutional construction of a country. Naturally, apart from the Constitutional Court other institutional and legal mechanisms were established in the aim of a smoother and more successful transition from apartheid to democracy. Many of them were taken from other systems and adapted to the needs and social circumstances of the Republic of South Africa. Consequently, the experience of this country and its solutions could be an example to look up to for other countries in the process of their own democratic transition.
Keywords
Constitutional Court; Republic of South Africa; transition; constitution; constitutional principles
Hrčak ID:
209900
URI
Publication date:
27.11.2018.
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