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    Constitutional Design

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    Aabid M Usmani
    The document discusses the constitutional design of democracies and why constitutions are needed. It uses the example of South Africa to illustrate how a democratic constitution can be developed. After decades of apartheid rule, Nelson Mandela led the African National Congress movement against racial segregation and discrimination. After being imprisoned for 28 years, Mandela helped establish a multi-racial democratic government and new constitution in South Africa. The constitution brought together people of all races and established the rules and rights that would govern the country.

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    Constitutional Design

    Uploaded by

    Aabid M Usmani
    15 views19 pages
    The document discusses the constitutional design of democracies and why constitutions are needed. It uses the example of South Africa to illustrate how a democratic constitution can be developed. After decades of apartheid rule, Nelson Mandela led the African National Congress movement against racial segregation and discrimination. After being imprisoned for 28 years, Mandela helped establish a multi-racial democratic government and new constitution in South Africa. The constitution brought together people of all races and established the rules and rights that would govern the country.

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    The document discusses the constitutional design of democracies and why constitutions are needed. It uses the example of South Africa to illustrate how a democratic constitution can be developed. After decades of apartheid rule, Nelson Mandela led the African National Congress movement against racial segregation and discrimination. After being imprisoned for 28 years, Mandela helped establish a multi-racial democratic government and new constitution in South Africa. The constitution brought together people of all races and established the rules and rights that would govern the country.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views19 pages

    Constitutional Design

    Uploaded by

    Aabid M Usmani
    The document discusses the constitutional design of democracies and why constitutions are needed. It uses the example of South Africa to illustrate how a democratic constitution can be developed. After decades of apartheid rule, Nelson Mandela led the African National Congress movement against racial segregation and discrimination. After being imprisoned for 28 years, Mandela helped establish a multi-racial democratic government and new constitution in South Africa. The constitution brought together people of all races and established the rules and rights that would govern the country.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 19

    CHAPTER-2

    CONSTITUTIONAL
    DESIGN
    OVERVIEW

    ● In a democracy the rulers are not free to do what they like.

    ● There are certain basic rules that the citizens and the government have to follow. All such
    rules together are called constitution.

    ● As the supreme law of the country, the constitution determines the rights of citizens, the
    powers of the government and how the government should function.

    Basic questions : About the constitutional design of a democracy and why do we need a
    constitution? How are the constitutions drawn up? Who designs them and in what way? What
    are the values that shape the constitutions in democratic states? Once a constitution is
    accepted, can we make changes later as required by the changing conditions?
    DEMOCRATIC CONSTITUTION IN SOUTH AFRICA

    “I have fought against white domination and I have


    fought against black domination. I have cherished
    the ideal of a democratic and free society in which
    all persons live together in harmony and with equal
    opportunities. It is an ideal which I hope to live for
    and to achieve. But if needs be, it is an ideal for
    which I am prepared to die.”
    ● In 1964, Nelson Mandela and seven other leaders were sentenced to life
    imprisonment for daring to oppose the apartheid regime in his country.
    ● Apartheid was the name of a system of racial discrimination unique to South
    Africa. The system of apartheid divided the people and labelled them on the
    basis of their skin colour.
    ● This system was particularly oppressive for the Blacks and they were forbidden
    from living in white area.
    ● Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema
    halls, theatres, beaches, swimming pools, public toilets, were all separate for
    the whites and blacks. This was called segregation.
    ● Since 1950, the blacks, colored and Indians fought against the apartheid
    system.
    ● The African National Congress (ANC) was the umbrella organization that led
    the struggle against the policies of segregation.
    A signboard emblematic of
    the tense relations of the
    apartheid era, 1953.
    Sign on Durban beach in English,
    Afrikaans and Zulu In English it
    reads: ‘CITY OF DURBAN Under
    section 37 of the Durban beach
    by-laws, this bathing area is
    reserved for the sole use of
    members of the white race group’.
    ● As protests and struggles increased, the white rulers realised that they could
    no longer keep the Blacks under their rule by limiting freedoms of blacks

    ● After spending 28 years in jail, Nelson Mandela became a free prison.


    Finally at the midnight of 26h April, 1994, the new democratic state of the
    Republic of South Africa emerged.

    ● The apartheid government came to an end paving way for the formation of a
    multi-racial government.

    ● Mandela became the first Black President of South Africa. The Black leaders
    appealed to fellow blacks to forgive the Whites for their cruel treatment and
    after debates and discussions of two years, the Blacks and Whites sat
    together and made one of the finest Constitutions of the world.

    Now, South Africa is seen as a model of democracy.


    Constitution of a country is a set of written rules that are accepted by all people
    together in a country. Constitution is the supreme law that determines the relati
    among people living in a territory (called citizens) and also the relationship betw
    people and government. A constitution does many things:

    ● First, it generates a degree of trust and coordination that is necessary for different k
    live together;

    ● Second, it specifies how the government will be constituted, who will have powe
    decisions;

    ● Third, it lays down limits on the powers of the government and tells us what the righ
    are; and

    ● Fourth, it expresses the aspirations of the people about creating a good society.
    PHILOSOPHY OF THE CONSTITUTION

    It contains the philosophy on which the entire


    Constitution has been built. It provides a
    standard to examine and evaluate any law
    and action of government, to find out whether
    it is good or bad. It is the soul of the Indian
    Constitution.
    The terms ‘Socialist’ and
    ‘Secular’ were added in
    Preamble through the 42nd
    Constitutional Amendment
    in 1976

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