An ethical (anti-)constitutionalism? Transformation for a transfigured public
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Date
2014
Authors
Delport, Terblanche
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Free State
Abstract
How do we critically engage South African constitutionalism today? This is the basic
question that will animate this article. In order to investigate this, I will specifically look
at the Constitution of the Republic of South Africa, Act 108 of 1996 (the Constitution)
from the perspective of an ethics of liberation. This investigation will proceed by
way of two main points of discussion, namely an exposition of Enrique Dussel’s
formulation of an ethics of liberation and an application of this ethics of liberation
related to the Constitution as critique. The three fundamental principles – material,
formal, feasible – of an ethics of liberation will be discussed and applied, in the form
of three questions, to the current constitutional order. These questions will then be
discussed and answered in order to show how the Constitution came into being due to
a process of unethical feasibility.
Description
Keywords
Constitution of the Republic of South Africa, 1996, Ethics of liberation, Dussel, Enrique
Citation
Delport, T. (2014). An ethical (anti-) constitutionalism? Transformation for a transfigured public. Acta Academica: Law as a humanities discipline: transformative potential and political limits, 46(3), 104-121.