ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book focuses on fundamental problems that South Africa is facing, and for which address has been sought through constitutional design: crime and violence, poverty and inequality, and the potential of ethnic and racial tension. It presents the constitutional ‘solutions’ that have been the main rivals throughout the negotiation process. The book discusses the models are analysed, both in terms of their normative and theoretical acceptability, and in terms of their ability to contribute to a solution of the problems. It looks at ways in which one has tried to come to grips with the problems of ethnic tension and social and economic inequality by way of constitutional design. The book addresses the question of constitutionalism. The entire constitution-making process in South Africa has taken place in a context of violence.