An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise

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dc.contributor.advisorDe Vos, Pierreen_ZA
dc.contributor.authorMavedzenge, Justice Alfreden_ZA
dc.date.accessioned2014-11-05T03:54:47Z
dc.date.available2014-11-05T03:54:47Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractIn recent years, many States particularly within the SADC and East Africa region have embarked on constitution making exercises as part of the democratization process. There is a strong emphasis that such constitution making processes must be based on public participation. An assumption is often made that public participation in constitution making processes will lead to the creation of a legitimate and democratic constitution. With reference to the Zimbabwe 2013 constitution making process, this dissertation argues that whilst public participation in constitution making will surely enhance the legitimacy of the final constitution, it does not necessarily result in the writing of a democratic constitution. There are contextual and conceptual challenges that constrain public participation from resulting in the creation of a democratic constitution. Using the Zimbabwe 2013 constitution making process and the resultant final constitution as a case study, this dissertation identifies and examines these contextual challenges and they include the legal context prevailing at the time of the constitution making process, political culture of the society and its leadership, manipulation of public views by the dominant forces as well as constitutional illiteracy. The conceptual challenges relate to the shortcomings of the theoretical foundations of public participation in constitution making. Such theoretical foundations include the doctrine of popular sovereignty and the doctrine of nation building and national reconciliation.en_ZA
dc.identifier.apacitationMavedzenge, J. A. (2014). <i>An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/9180en_ZA
dc.identifier.chicagocitationMavedzenge, Justice Alfred. <i>"An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/9180en_ZA
dc.identifier.citationMavedzenge, J. 2014. An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mavedzenge, Justice Alfred AB - In recent years, many States particularly within the SADC and East Africa region have embarked on constitution making exercises as part of the democratization process. There is a strong emphasis that such constitution making processes must be based on public participation. An assumption is often made that public participation in constitution making processes will lead to the creation of a legitimate and democratic constitution. With reference to the Zimbabwe 2013 constitution making process, this dissertation argues that whilst public participation in constitution making will surely enhance the legitimacy of the final constitution, it does not necessarily result in the writing of a democratic constitution. There are contextual and conceptual challenges that constrain public participation from resulting in the creation of a democratic constitution. Using the Zimbabwe 2013 constitution making process and the resultant final constitution as a case study, this dissertation identifies and examines these contextual challenges and they include the legal context prevailing at the time of the constitution making process, political culture of the society and its leadership, manipulation of public views by the dominant forces as well as constitutional illiteracy. The conceptual challenges relate to the shortcomings of the theoretical foundations of public participation in constitution making. Such theoretical foundations include the doctrine of popular sovereignty and the doctrine of nation building and national reconciliation. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise TI - An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise UR - http://hdl.handle.net/11427/9180 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9180
dc.identifier.vancouvercitationMavedzenge JA. An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9180en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleAn examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exerciseen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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