Similarities Between Bill Of Rights And Constitutionalism

Plaatjie M
25800116

IURI 412
Assignment 1
Lecturer: Dr I Mwanwina
18 March 2016 Table of Contents
1. Introduction 1
2. Historical Background 1
3. Main features of the Constitution and Bill of Rights 3
4. Interpretation of the Constitution and the Bill of Rights 7
5. Conclusion 8
6. Reference List 10

Introduction
In this assignment I will be defining constitutionalism and comparing constitutionalism in South Africa with that of the United States. Although South Africa is still an emerging democracy and the United States is a well-established liberal democracy the two have a lot in common when it comes to their constitutional systems. This assignment aims to compare, contrast, and discuss the
The Declaration promotes the right to rebel against a tyranny. In its opening the importance of the ‘Laws of Nature’ are evident as they can be used as the only excuse to dissolve the ties of connect people. All humans are said to be equal in the Declaration and Life, Liberty, and Happiness are said to be important right that are unalienable. These rights are protected by means of a social contract between government and the governed. In this contract the governed give up certain rights in return the remaining rights are protected by the governing. We see a political revolution being prescribed by the Declaration just as Locke discussed rebellion against tyranny in the Second Treaties of Government. Thus if the rights are not protected then the governed have the right and duty to remove the government. The next feature in the declaration is the list of grievances against the British rule. In the conclusion it is shown how the British government ignored justice. The Declaration identified that the law can be used by tyrants to oppress the people but that shouldn’t be the case, instead the law of nature which promotes values like equality and liberty should protect the interests of those who are
When interpreting a constitution the relevant provisions are the best starting point. Courts ae then expected to interpret the Constitution. However, what should be noted is that through interpretation overtime the meaning of it should evolve.

When the U.S Constitution was being drafted people were against including the Bill of Rights. The Bill of Rights consists of 10 Amendments. At first the Bill of Rights was said to be applicable to the federal and not to state government. Even years later after many amendments we still see the Supreme Court in the United States v. Cruikshank case still held that the Bill of Rights did not apply to state governments. This however was rectified in the 1920s where courts interpreted the Bill of Rights to be enforceable even against state government.

The Constitutional Court, since establishment, has committed itself to constitutional text. The most famous case where the Constitution was interpreted is in S v Makwenyane. The Constitutional Court resolved the issue through examining the relevant provisions of the Constitution. There is no clear approach of interpreting the Constitution or the Bill of Rights as each case is judged by its own