The Constitutional Court of South Africa: Rights Interpretation and Comparative Constitutional Law
THE CONSTITUTIONAL COURT OF SOUTH AFRICA: RIGHTS INTERPRETATION AND COMPARATIVE CONSTITUTIONAL LAW Hoyt Webb- I do hereby swear that I will in my capacity asJudge of the Constitu- tional Court of the Republic of South Africa uphold and protect the Constitution of the Republic and the fundamental rights entrenched therein and in so doing administerjustice to all persons alike with- out fear,favour or prejudice, in accordance with the Constitution and the Law of the Republic. So help me God. The Constitution of the Republic of South Africa, Schedule 3 (Oaths of Office and Solemn Affirmations), Act No. 200, 1993. I swear that, asJudge of the ConstitutionalCourt, I will be faithful to the Republic of South Africa, will uphold and protect the Consti- tution and the human rights entrenched in it, and will administer justice to all persons alike withwut fear,favour or prejudice, in ac- cordancewith the Constitution and the Law. So help me God. The Constitution of the Republic of South Africa, 1996, Schedule 2 (Oaths and Solemn Affirmations), Act 108 of 1996. I. INTRODUCTION In 1993, South Africa adopted a transitional or interim Constitu- tion (also referred to as the "IC"), enshrining a non-racial, multiparty democracy, based on respect for universal rights.' This uras a monu- mental achievement considering the complex and often horrific his- tory of the Republic and the increasing racial, ethnic and religious tensions worldwide.2 A new society, however, could not be created by Hoyt Webb is an associate at Brown and Wood, LLP in NewYork City and a term member of the Council on Foreign Relations.
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