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Publications (73)
Three decades after South Africa’s first democratic election, the country remains the most unequal society on earth. This reflects in part the continuing legacies of apartheid, from access to land, education and employment opportunities to the inability to address the spatial design of apartheid cities and towns. While most agree that this reality...
This volume deals with the relationship between constitutionalism and economic growth in Africa and addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy through the protection of property and freedom of contract? (2) Given that agriculture and extr...
This volume deals with the relationship between constitutionalism and economic growth in Africa and addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy through the protection of property and freedom of contract? (2) Given that agriculture and extr...
Debates over the management and allocation of water in the postcolonial era, and in post-apartheid South Africa in particular, reveal that struggles over water resources in Southern Africa occur within three broad frames: the institutional, the hydrological, and the ideological. Each of these realms reflects tensions in the relationship between pow...
While the idea of transformative constitutionalism first arose in the context of South Africa’s democratic transition to address questions related to the future of private law and old order legal personnel and institutions in the new constitutional dispensation, it has gained a much broader meaning both in South Africa and around the globe in the n...
This paper explores the relationship between the protection of property rights and the effort to embed constitutionalism in South Africa since 1994. While the question of land will be central to the paper, property must be understood more broadly to include government’s distributive efforts in the democratic era beginning with the Reconstruction an...
Comparative Matters: The Renaissance of Comparative Constitutional Law. By Ran Hirschl. Oxford: Oxford University Press, 2014. 320p. $45.00 cloth. - Volume 15 Issue 4 - Heinz Klug
This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspect...
A sociology of constitutions holds the promise of providing multiple and complex understandings of the diverse forms of governance that characterize our increasingly global society. While a functional approach offers intriguing insights into the role of constitutions in the reproduction and transmission of power, a constitutive approach may provide...
Constitutional amendment remains a source of ongoing academic and political contestation. Although in some cases the rigidity of formal amendment rules has produced debates over the impact of judicial interpretation as a substitute for amendment, in other cases amendments remain highly controversial or existing constitutional provisions remain unim...
Focusing on three specific social and economic rights – to land, water and health – guaranteed in the South African Constitution, this chapter explores the sources, histories, and processes of implementation in order to identify the mechanisms, actors and pathways through which these rights are being realized. This comparative approach highlights t...
Distinguishing the idea and practice of comparative constitutionalism from comparative constitutional law, this entry focuses on the historical roots and reemergence of comparative constitutionalism, which focuses on how constitutions are made, adopted, and used to structure society. It also discusses their legal existence and application within th...
This article explores the relationship between the constitutional order created out of the two post Apartheid constitutions -- the interim 1993 and final 1996 constitutions -- and the development of democracy in South Africa. While these constitutions represent the high-water mark of the legal revolution that was the product of the transition away...
Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in...
This article draws on a brief history of the constitution-making process in South Africa to highlight five particular aspects of constitution-building. Noting that the process of constitution-making has become a key element in political transitions and post-conflict settlements in the post-cold war era, it is argued that the process of building a c...
Judging from comments in judicial opinions and academic journals, South Africa's Constitutional Court is held in high esteem around the world. Although this might seem an unsurprising response to the highest court in a post-apartheid South Africa, this chapter argues that the Court's image as well as its judicial authority are the product of a very...
While ecosystem management has been widely accepted as a key to addressing ecological crisis and conflict over aquatic resources, this article argues that the success of this approach may be threatened by the unarticulated assumptions of property rights embedded in the interstices of the law. Drawing on a history of conflict and cooperation in the...
This article argues that to advance the struggle for access to essential medicines, it is necessary to identify the global and local regimes that shape the rules that give impetus to particular policy options, while undermining others. In exploring the role of law and politics in this process, the author first outlines the globalization of a standa...
This article explores how institutional changes within a state are shaped by a mixture of events, opportunities and constraints, from both within and from across the country's geographical boundaries. Focusing on the interaction between different policy demands and imperatives: from demands for medical care to the promotion of economic competition...
This article questions many of the existing responses to the problem of providing access to essential medicines in developing countries, especially in the context of the continuing global HIV/AIDS pandemic. Arguing that the dominant understanding of the existing legal framework disproportionately shifts the risk of diseases and the HIV/AIDS pandemi...
From India, Brazil, Thailand, and the Middle East to Kenya and South Africa, access to essential medicines remains a highly contested issue internationally and nationally. Most recently, the transnational nongovernmental organization Medecins Sans Frontieres (MSF) has campaigned against attempts by the European Union to put pressure on the Indian g...
South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven schedules, the constitution of South Africa also represents an attempt to constitutionalise all the hopes, fears, and conflicts of its democratic transition. T...
Building a democracy encompasses a far broader range of issues than drafting and adopting a new constitution, yet constitution-making has become a key element in the political transitions that have followed the end of the cold war. At the same time these political transitions have involved a range of processes particular to each context and beyond...
In a dramatic display of political astuteness, six hundred volunteers under the banner of the Treatment Action Campaign, a non-govern- ment organization dedicated to ensuring access to treatment for the millions of South Africans infected with HIV/AIDS, commemorated human rights day in South Africa in 2003 by marching on the same police station at...
Introduction Over the past five years, there has been an intense international debate, negotiations at the World Trade Organization (WTO) and a variety of political and legal struggles in various jurisdictions over access to affordable medicines in developing countries. Until recently, the debate focused on the ability of the existing medical infra...
This review considers how a socio-legal approach may be used to explore the relationship between human rights and law in the new century. Drawing on the classic traditions of law and society research, including gap studies, rights consciousness, public interest lawyering, and legal resource mobilization, as well as more recent approaches to legal g...
The wave of post-Cold War state reconstruction was marked in its reliance on the adoption of new constitutions as the marker of a state's transition to a new order. Whether at the beginning or end of the process, or as the central theme, as was the case in South Africa, post-Cold War constitutions came to reflect a common core of principles and ins...
“Cause lawyering” denotes the practice of law by those committed to furthering through the upholding of a particular cause by legal means, the aims of the good society. This books explains how new configurations of state power, brought about by globalization and democratization processes, are creating new opportunities for altering the political an...
This book, first published in 2000, deals with one of the most urgent problems of contemporary times: the political organisation of multi-ethnic states. Most major conflicts of our time are internal to the state and revolve around the claims of access to or the redesign of the state. Responses to ethnic conflicts have ranged from oppression and eth...
Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutiona...
Amnesty, Amnesia and Remembrance: International Obligations and the Need to Prevent the Repetition of Gross Violations of Human Rights - Volume 92 - Heinz Klug
Constitutional recognition of indigenous law and the role of traditional authorities at last dignifies African legal culture in South Africa with the official equality it has so long been denied. But this new status will stimulate the debate over the content and construction of judicially-recognized customary law and its relationship to the new bil...
Introdução O cooperativismo de trabalho teve origem nos movimentos sociais da França no século XVI, época em que estava ocorrendo a Revolução Industrial. Já no Brasil, as cooperativas de trabalho se consolidaram na década de 30, através da regulamentação do Decreto-Lei nº 22.232, de 19 de dezembro de 1932 (SILVA et al., 2009). Entre os mais de 19 m...
Computer-produced typeface. Thesis (S.J.D.)--University of Wisconsin-Madison, 1997. Includes bibliographical references (leaves 277-304). Microfiche. s
