Counter-Majoritarian Difficulty in South African Constitutional Law
The paper explores the apparent conflict between democracy and constitutionalism, in the context of some of the South African Constitutional Court. The paper concludes that although the Court has been excessively deferent in some areas, it has nevertheless not neglected its role as the guardian of the South African Constitution.
Date of this Version
Reynaud Neil Daniels, "Counter-Majoritarian Difficulty in South African Constitutional Law" (May 11, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1363.