Informal constitutional change: towards a South African theory of unconstitutional constitutional change

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dc.contributor.advisorBoonzaier, Leo
dc.contributor.authorMafora, Dan
dc.date.accessioned2025-12-03T12:25:02Z
dc.date.available2025-12-03T12:25:02Z
dc.date.issued2025
dc.date.updated2025-12-03T12:00:24Z
dc.description.abstractThe Constitution of the Republic of South Africa, 1996 has changed more times than it has been amended. In this dissertation, I explore the phenomenon of informal constitutional change. In particular: I focus on how courts are able to change the content, scope and meaning of a constitution without its text ever changing. Drawing on work in constitutional theory, I explore whether such change can be legitimate outside of the scope of formal constitutional amendment and develop a framework for its identification. I also explore the constitutional difficulties engendered by this mode of constitutional change insofar as it implies an illegitimate use of judicial authority. I offer a South African case study of this phenomenon and conclude that the Constitution has been changed unconstitutionally at least once.
dc.identifier.apacitationMafora, D. (2025). <i>Informal constitutional change: towards a South African theory of unconstitutional constitutional change</i>. (). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/42389en_ZA
dc.identifier.chicagocitationMafora, Dan. <i>"Informal constitutional change: towards a South African theory of unconstitutional constitutional change."</i> ., University of Cape Town ,Faculty of Law ,Department of Private Law, 2025. http://hdl.handle.net/11427/42389en_ZA
dc.identifier.citationMafora, D. 2025. Informal constitutional change: towards a South African theory of unconstitutional constitutional change. . University of Cape Town ,Faculty of Law ,Department of Private Law. http://hdl.handle.net/11427/42389en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mafora, Dan AB - The Constitution of the Republic of South Africa, 1996 has changed more times than it has been amended. In this dissertation, I explore the phenomenon of informal constitutional change. In particular: I focus on how courts are able to change the content, scope and meaning of a constitution without its text ever changing. Drawing on work in constitutional theory, I explore whether such change can be legitimate outside of the scope of formal constitutional amendment and develop a framework for its identification. I also explore the constitutional difficulties engendered by this mode of constitutional change insofar as it implies an illegitimate use of judicial authority. I offer a South African case study of this phenomenon and conclude that the Constitution has been changed unconstitutionally at least once. DA - 2025 DB - OpenUCT DP - University of Cape Town KW - Constitution KW - South Africa LK - https://open.uct.ac.za PB - University of Cape Town PY - 2025 T1 - Informal constitutional change: towards a South African theory of unconstitutional constitutional change TI - Informal constitutional change: towards a South African theory of unconstitutional constitutional change UR - http://hdl.handle.net/11427/42389 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/42389
dc.identifier.vancouvercitationMafora D. Informal constitutional change: towards a South African theory of unconstitutional constitutional change. []. University of Cape Town ,Faculty of Law ,Department of Private Law, 2025 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/42389en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Private Law
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectConstitution
dc.subjectSouth Africa
dc.titleInformal constitutional change: towards a South African theory of unconstitutional constitutional change
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelMasters
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