Democracy and fundamental rights in the post-apartheid constitutionalism in South Africa: a case study of the constitution of 1996

Abstract

This research project aims to examine the topic of democracy and fundamental rights in the post-apartheid constitutionalism in South Africa, from a case study of the 1996 Constitution currently in force in that nation. Theoretically, we intend to endorse the project in the theory of Robert Dahl polyarchy and the theory of power spheres of David Held (including dahliana theory). According to Dahl, one would require democracy three necessary conditions in terms of fundamental rights of citizens: (a) opportunity to formulate their preferences, (b) opportunity to express their preferences to their fellow citizens and (c) opportunity to have their preferences also considered in the conduct of government. While Held analyzes the spheres of power and types of rights considered fundamental to democracy is set up in a modern state, which include: (a) body, (b) welfare, (c) culture, (d) civic associations, (e) economy, (f) coercive relations and organized violence and (g) legal and regulatory institutions. It is intended to compare these theoretical principles of democratic elements and fundamental rights enshrined in the South African Constitution of 1996 based on the study of this and of the relevant literature on these issues in South Africa. (AU)