Answer to Question #240948 in Law for Lettie

Question

what are the sources that deals with transformative constitutionalism

Answer 1

Transformative constitutionalism, popularized in the context of South Africa's transition from apartheid to constitutional democracy, arguably offers an antidote for failed constitutionalism and weak protection of fundamental rights and freedoms in emergent democracies in Africa. Understanding the idea of transformative constitutionalism and its implications for the adjudication of fundamental rights and freedoms extremely vital. It recognizes that past failures of constitutionalism in Africa, to a significant degree entailed state abuses of fundamental rights and the corresponding inability of the courts to uphold these rights. Using examples of adjudication of rights in the post-2010 period in Kenya and post-apartheid era in South Africa, the article argues that, taken as a model for constitutionalism in Africa, transformative constitutionalism offers hope for increased protection of fundamental rights and freedoms