ABSTRACT

Transformation and social justice are the core aims of the justice model. The main standard to judge the new constitution by is thus its potential for achieving redistribution and progressive change. The constitutional frameworks are structured according to disparate world views, to achieve largely different goals and to overcome different obstacles, and they seek to bind the government to the constitution in different ways. The legitimacy of the constitution is crucial, along with a strong civil society that can serve as a foundation for the constitution outside the realms of the state. ‘Civil society’ is a wide term that includes organised interests outside of the state as well as formal and informal forums for public debate, the media and the channels that exist for articulation and distribution of opinions and critique. The level of crime may undermine economic development as well as democratic stability and the legitimacy of the constitution.