Transformative constitutionalism in a democratic developmental state

Rosa, Solange (2011-01)

CITATION: Rosa, S. 2011. Transformative constitutionalism in a democratic developmental state. Stellenbosch Law Review = Stellenbosch Regstydskrif 22(3):452-565.

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In order for socio-economic transformation to have a real impact on the lives of the poor and marginalised, meaningful participation in the development of law and policy as well as administrative decision-making, is required. Opportunities for informed participation can lead to transparent, accountable dialogue and debate on key policy choices to address the impact of poverty and inequality. This resonates with a participatory constitutional democracy, which requires decisions to be considered in the light of certain fundamental norms and values. The policy discourse in South Africa around solutions to poverty eradication has evolved over the past five years from a "welfare state" approach to a "developmental state" approach which must have the strategic capacity to mobilise society around the developmental agenda and bring technical and organisational capacity to bear in order to create fundamental change. The developmental state theory in South Africa is being grounded in principles of representative democracy, participatory democracy and accountability of the state.

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