Open AccessThe Constitutional Court’s contribution to sustainable development in South Africa
Author(s) -
Irma J. Kroeze
Publication year - 2017
Publication title -
per
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.204
H-Index - 6
ISSN - 1727-3781
DOI - 10.17159/1727-3781/2003/v6i2a2868
Subject(s) - constitution , law , politics , constitutional court , context (archaeology) , power (physics) , constitutional right , constitutional law , political science , political freedom , sociology , rule of law , freedom of choice , democracy , history , physics , archaeology , quantum mechanics
Freedom is central to most constitutions. In the constitutional context, freedom usually means both personal freedom and political freedom. Personal freedom can be described as the right to decide for oneself the terms of one's life, both individually and communally. It is what Frank Michelman calls self-rule: it "demands the people's determination for themselves of the norms that are to govern their social life".3 Political freedom, on the other hand, implies the protection against arbitrary government power. This is what Michelman calls law-rule. In most constitutional dispensations both these types of freedom are implicated and the South African constitution is no exception.4 But, it is ironic that in most constitutional democracies these two types of freedom are also frequently in conflict with one another. In fact, it is not far-fetched to suggest that they are conceptually contradictory.