None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.
Politocracy: An assessment of the coercive logic of the territorial state and ideas around a response to itby Koos MalanTranslated by Johan Scott2012ISBN: 978-1-920538-10-1Pages: xii 356Print version: AvailableElectronic version: Free PDF available.
None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.
Politocracy: An assessment of the coercive logic of the territorial state and ideas around a response to itby Koos MalanTranslated by Johan Scott2012ISBN: 978-1-920538-10-1Pages: xii 356Print version: AvailableElectronic version: Free PDF available.
A gripping firsthand account of life and combat operations in the elite South African Special Forces, known as Recces, by a veteran Recce officer. The South African Special Forces are one of the most effective—and mysterious—military units in the world. Working in secret on covert operations, the legendary Recces have long fascinated, but little is known about how they operate. Now Koos Stadler, a career officer in the South African Special Forces, shares a revealing chronicle of his life and his experiences in the Border War. Shortly after passing the grueling Special Forces selection course in the early 1980s, Koos Stadler joined the so-called Small Teams group at 5 Reconnaissance Regiment. This sub-unit was made up of two-man teams and was responsible for many secret missions behind enemy lines. Sent to blow up railway lines and enemy fighter jets in south Angola, Stadler and his partner stared death in the face many times.
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