ABSTRACT
This chapter introduces constitutional design as a strategy for addressing social conflict. The constitution in the material sense includes, in addition to the formal constitution, common law principles, ordinary laws and institutionalisation of rules facilitating civilised political competition. The normative acceptability of the constitutional principles is not only a matter of the normative qualities of the constitution as a product. The relationship between the legitimacy of the regime and political performance/stability has been the subject of considerable scholarly interest. Constitutionalism and democracy are often portrayed as conflicting ideals, but constitutionalism is also increasingly regarded as central to democracy. The need to distinguish among various concepts of constitutionalism is particularly acute as far as South Africa is concerned. The idea underlying all constitutional strategies is to frame the basic ‘rules of the game’ in such a manner that society’s most fundamental problems and conflicts are accommodated and can be solved peacefully within the system.
