Foundations of South African Law (PVL1003W) 2022

Prof Upendra Baxi writes that ‘[c]onstitutionalism, most generally understood, provides for structures, forms,and apparatuses of governance and modes of legitimation of power’. He goes on to suggest that ‘constitutionalism is not all about governance’, because it also provides ‘for ideas and practices concerning justice, rights, development and individual / associational autonomy’. From this point of view, Baxi rejects what he calls the ‘modern superstition’ that […]

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