The Constitutional Court of South Africa
S06
Mac Maharaj
With the conclusion of the elections held on April 27, 1994, South Africa became a Constitutional State. This meant that the Interim Constitution of 1993, which was superseded by the final Constitution of 1996, became the supreme law of the country.
Why was it necessary to establish the Constitutional Court? Is it a necessary institution for democracy? In its short existence the Constitutional Court has established itself as a pre-eminent instituion to advance and defend the Constitution.
Why was it perceived to be such a crucial institution? We will look at some of its judgements to gain an understanding of its centrality and role.
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