ABSTRACT

This chapter presents the consociational model as a constitutional proposal for South Africa and discusses consociational models, also called powersharing. The basic principle of consociational democracy is representation: no significant sub-group in society should be left without a say in government. Consociational theory, as an empirical explanation of political stability in divided societies, points to rapid introduction of universal suffrage as an unfavourable factor. The electoral system is regarded by consociational theorists as the most powerful lever of constitutional engineering. Grand coalition government is thought to be a logical extension of proportional representation in legislative bodies. Traditional theories of nation-building prescribe assimilation, or at least measures furthering the growth of inter-ethnic nationalism. Nation-building is conceived as process whereby new, national sentiments and loyalties are learned. The consociational model is within the Rectsstaat tradition. There is little influence from the British legal tradition where the rule of law is ultimately based upon Parliamentary sovereignty.