South Africa's transition to a post-apartheid democracy has been
widely celebrated as a triumph for global human rights. Yet, less
than a generation after the achievement of freedom, the future of
human rights and constitutionalism in South Africa is uncertain.
This book seeks to explain how and why the apartheid government and
the ANC both 'discovered' human rights in the mid-1980s. It does so
by exploring several rights 'regimes' over two centuries: African
nationalist, liberal, and republican. Although fragmented and
episodic, these traditions help explain why rights discourse and
constitutionalism gained broad acceptance in the last decade of the
twentieth century, and momentarily aligned South Africa with
broader global trends.
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