In this assignment I will discuss, compare, contrast and appraise between the constitutional architecture of South Africa and that of the United States of America.
History
The history of the American constitution puts a lot of emphasis on the Declaration of Independence. Like the South African history of colonialism and segregation, the American constitution is indirectly structured to ensure that the injustices of the past are not repeated. It has often been stated that the South African constitution more or the less mirrors the American constitution.
The significant role played by the Declaration of Independence is that it provides the founding values and principles for the Constitution. The declaration opens with a brief philosophical manifesto establishing the right to rebel against
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Certainly with the history of America and when it gained its independence it comes to no surprise that by now they would have has two constitutions already. America’s current constitution has remained virtually unchanged for the past 200 years .
South Africa’s history hasn’t allowed it to have had more than one constitution, this is because of the two main eras of Colonialism and Apartheid. Many have argued that the time frame between now and the era of Aparheid has been too short.
Chief Justice John Marshall held that ‘the constitution of America is superior to any ordinary act of the legislature’ . The South African constitution also holds the same significance in the law system, section 2 of the Constitution speaks to its supremacy and states that any other law or conduct inconsistent to it is invalid .
The South African constitution is born first from it being a former colony of Britain and later after gaining independence suffering under the social, political and economic system of oppression, the Apartheid system.
The Bill of