This book concerns the role of the state in achieving development. In many developing countries conventional wisdom concluded that development is best achieved through a centralised development strategy. The failure of this centralised development strategy has brought about the emergence of decentralisation to local government as one of the means to turn the tide of underdevelopment. This book presents decentralisation not only as a manifestation of 'good governance', but also as an indispensable tool towards development. The central question, however, is the following: how should the transitional state convert this into constitutional and legal arrangements? The author proposes a model for capturing the developmental role of local government in institutional arrangements. The new design for local government, put forward in South Africas 1997 Constitution, is based on the notion that local government should be the epicentre of development. This has prompted the author to use this South African concept as well as the first experiences with the implementation of the new local government dispensation as a case study.The importance of the book thus lies in the fact that it produces an institutional model for developmental local government that is not only based on development and decentralisation theories but is also tested in practice. It is hoped that those with an interest in the role of the state in development will find the arguments and conclusions useful. The book also provides a comprehensive overview of the South African design for local government, which is of interest to lawyers, policy makers and other parties involved in the implementation of the South African decentralisation strategy. Jaap de Visser teaches public law at the Law Faculty of Utrecht University in the Netherlands. Until the end of 2002, he worked as a researcher for the Community Law Centre (University of the Western Cape), specialising in local government law.

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

Direct democracy, or pure democracy, is a concept spreading throughout the world, now adopted by nearly 30 countries on the national level. While the concept is not new, it is important to investigate the current benefits or hinderances of direct democracy related to local governments so that they may be implemented further. Direct Democracy Practices at the Local Level deepens the knowledge of direct democracy in political science. This book explores how local governments utilize these instruments in international governments and analyzes a series of popular initiatives and local referenda to how successful these initiatives are. Covering topics such as religious rights, street committees, and climate change, this book is essential for political science students and professors, policymakers, faculty, local governments, academicians, and researchers in political science with an interest in direct democracy procedures in representative systems.

South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.