Bertus de Villiers – författare

This major work written by prominent South African academics is an introduction to the new constitutional order in South Africa. It places fundamental rights as affirmed in Chapter 3 of the South African Constitution in a comparative and international context. The authors draw heavily on the constitutional experience of countries such as Canada, India, Germany, and the United States, which greatly influenced the drafting of Chapter 3 of the Constitution. The study is shaped by principles that form the foundation of the new order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights.The book is divided into four parts. The first deals with constitutionalism, democracy, and constitutional interpretation. The second part provides an examination of the historical background of the 1993 Constitution and a description of the principal features of the Constitution. The third part contains an analysis of the key fundamental rights which constitutes the main purpose of the study. Detailed treatment is given to civil and political rights, social and economic rights, the concepts of equality and administrative justice, and the circumstances in which limitations may be imposed on rights. A separate chapter is devoted to the international protection of human rights as directed by Section 35(1) of the Constitution. The final part comprises a bibliography of the works cited in the text following the sequence of the chapters.This is a book which will be of interest to all constitutional law specialists and to many political scientists, particularly those with an interest in constitutionalism and constitutional litigation.

One of the most dramatic developments of the final decades of the 20th century is the unravelling of apartheid in the Republic of South Africa. The question that the world asks is, "Will this evolution result in the first true liberal democracy in sub-Saharan Africa - one founded on self-government and full and equal citizenship for all?". How can the legacy of apartheid be undone while the rights of all are kept secure? How can the promise of equal economic opportunity be fulfilled as vast economic inequalities are abolished? A collaboration between eminent South Africans and American constitutional scholars, this volume identifies the principles that might accomplish this momentous transition.

In this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities.

International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.

The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.