Transformative constitutionalism in a democratic developmental state
Date
2011-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law Publishing
Abstract
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.
Description
CITATION: Rosa, S. 2011. Transformative constitutionalism in a democratic developmental state. Stellenbosch Law Review = Stellenbosch Regstydskrif 22(3):452-565.
The original publication is available at https://journals.co.za/content/journal/ju_slr
The original publication is available at https://journals.co.za/content/journal/ju_slr
Keywords
Civil rights -- South Africa, Political participation, Developmental state, Poor -- Political participation -- South Africa, Democratization -- South Africa, Constitution of the Republic of South Africa, 1996
Citation
Rosa, S. 2011. Transformative constitutionalism in a democratic developmental state. Stellenbosch Law Review = Stellenbosch Regstydskrif 22(3):452-565.