ABSTRACT

This chapter considers in relation to external normative standards. The choice of democracy and human rights as normative standards for the South African constitution is hardly surprising. Common sense definitions of democracy tend to identify ‘majority rale’ as the essence of democracy. Political theories can be ‘democratic’ in two different, although related, senses. Democratic elections are the only method for picking out a unique set of rulers, compatible with the idea of the natural equality of all individuals. Protection of civil and political rights is a criterion for being regarded as a political democracy or polyarchy. The central civil liberties — to life, personal liberty and integrity of the person, administration of justice and freedom of movement — seem to be adequately handled in both the constitutional models. Political rights relate directly to the system of governance and the central right is the right to participation in the political decision-making process.