The challenges associated with imposed and fractured constitutionalism could be resolved by adopting transformative constitutionalism. Klare (1998), sees transformative (objective) constitutionalism as a significant change in constitutional contexts, culture and attitudes; that is, a practical change in terms of progressive realization of democracy and rights on the ground. This change occurs when the Constitution translates into real events that increase the protection of citizens' rights. The author (Ibid) states that the inclusion of socio-economic rights in the South African constitution provides a good example of transformative constitutionalism. However, the general appreciation of the South African system has been challenged by numerous protests over service delivery, Rhodes must fall campaigns at various universities and protests against free education at universities. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay Teshome (2014) defines transformative constitutionalism as the attempt to overcome past discrimination and disadvantage suffered by groups on the basis of race, sex, color, while ensuring equal rights and protection for all citizens. According to former South African Chief Justice Pius Langa, transformative constitutionalism should provide the bridge between the past of a deeply divided society characterized by conflict, untold suffering and injustice, and a future based on the protection of human rights, democracy and of peaceful cooperation. opportunities for existence and development. After twenty-four years of freedom in South Africa, this idea of transformation is still a pipe dream, just like in most African countries. Transformative constitutionalism aims to establish substantive equality in society by understanding systematic and entrenched domination and inequality, examining the social and economic conditions of communities, the impact of inequality among vulnerable groups, and providing remedial measures to uplift the disadvantaged. Kibet and Fombad (2017 ) argue that transformative constitutionalism, popularized during South Africa's transition from apartheid to democracy, is the solution to failed constitutionalism and weak protection of fundamental rights and freedoms in Africa. This argument could explain why the Western world continues to support constitutional processes in Africa, with the recent cases of Kenya and Zimbabwe following the post-election violence witnessed in the two countries. They believe that only respect for the rule of law can solve Africa's problems. Transformative constitutionalism focuses on substantive equality and justice, which involves strengthening previously excluded segments of society through protecting socio-economic rights and achieving social justice. This inevitably requires a broader vision of justice beyond the narrow conception of “negative rights,” with less emphasis on legal technicalities and procedures since the realization of substantive justice requires the State to be proactive. Since transformative constitutionalism places much faith in the law as an instrument of social and political change, legal practitioners, legislators and law enforcement must consider the law as such and be prepared to conceptualize and use it to achieve the intended transformation . To create the new society based on substantial equality, a radical change in the state and society is necessary. This includes the redistribution of power and resources to.
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