Text Matters: Some Reflections on the Forging of a New Constitutional Jurisprudence in South Africa

The S outh A frican C onstitution establishes a constitutional democracy with a strong form of constitutional review. The C onstitutional C ourt is required to declare invalid any legislation or conduct of the President which is inconsistent with the C onstitution. The author, a former judge of the C onstitutional C ourt, argues that the text of the C onstitution has been an important determinant of the C ourt's jurisprudence, both in relation to the C ourt's jurisprudence concerning the institutional structures established by the C onstitution and its Bill of R ights jurisprudence.