Constitutional negotiations in Canada and South Africa : a comparative analysis

Master Thesis

1999

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University of Cape Town

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The achievement of a negotiated settlement in South Africa and the negotiation of a new constitution in the mid-1990's piqued the interest of students of conflict resolution and constitutional politics throughout the world. Similarly, numerous failed attempts to achieve a package of amendments to Canada's constitution have attracted the attention of scholars seeking to explain why the attempts have failed and where Canada's future lies. The purpose of this study was to compare the negotiations that took place in both South Africa and Canada to explain why South Africa succeeded in negotiating a new Constitution, whereas Canada has been unable to amend its Constitution despite repeated attempts. The study applied the social-psychological model of negotiation and bargaining to both cases and isolated variables in four areas to allow for a comparative analysis. The four dimensions of negotiation and bargaining that were explored were: (1) structural factors, (2) behavioural dispositions, (3) interdependence factors, and (4) social influence strategies. The data used for the comparative analysis was collected through a review of selected literature produced on the South African and Canadian constitutional negotiations.
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Includes bibliography.

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