Abstract
The most important question in this investigation is whether the constitutional state (also referred to as constitutional democracy) is in the process of decay in South Africa 28 years after the establishment of the new dispensation. The hypothetic point of departure of this research is that the constitutional state can function successfully only if the coherent bigger state and government structures are effective and functional, a safe and stable environment can be created for the citizenry, and if economic and social conditions within society support this form of government, or constitutional state. The investigation finds that conditions within the South African politics, economy and society are not conducive for the consolidation of democratic values, and that a difficult scenario is in store in this regard. In fact, evidence presented indicates that the constitutional state and constitutionalism are faced with serious challenges, which entail risks for the survival thereof.
Keywords: 1996 Constitution; constitutional democracy; constitutionalism; democratic consolidation; democratic values; empirical state; normative state; political and institutional decay; South Africa
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