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18 JEMIE 1 (2019)

handle is hein.journals/jemie2019 and id is 1 raw text is: V Journal on Ethnopolitics and Minority Issues in Europe JE IE Vol 18, No 1, 2019, 1-19. Copyright © ECMI 2019 This article is located at: http /www.ecmi.de/fileadmin/downloads/publications/JEMIE/201 9/DeVilliger 2019.pdd The Utility of Comparative Constitutional Law - the Practical Contribution by South Africa to a World Searching for Consistency in Democratic Practices Bertus de Villiers* Law School University of Johannesburg Abstract The Constitution of South Africa, which was enacted in two phases with an interim constitution in 1993 and a final constitution in 1996, has served as a stimulus and encouragement to other emerging democracies involved in constitutional reforms. Several aspects of the South African constitution have attracted international interest. In this article the question is asked, with reference to South Africa, whether comparative constitutional studies contribute to new standards in international law and practice. The two areas that are the focus of this article are firstly the abolition of the death penalty in South Africa and the way in which the Constitutional Court relied on international literature and jurisprudence to reach its conclusion. Secondly the South African experience with coalition government according to the consociational theory is considered and how the experiences of the transitional government of national unity has informed mandated coalition developments in Northern Ireland and Kosovo. The article concludes that the South African constitution has contributed to the development of international law and to international state constitutional law, particularly in the areas of protection of human rights and mandatory coalition government according to consociational principles. The constitutional court not only utilized international jurisprudence and literature in its reasoning to abolish capital punishment, it also contributed to developing international law by concluding that capital punishment is cruel and inhuman; not consistent with the right to life; and not an acceptable form of punishment in a democratic society. The government of national unity has highlighted how consociational principles can be applied to establish a mandatory power-sharing executive, even if just for a limited duration. The government of national unity was based on participation by political parties rather than specific communities and Correspondence details. Bertus de Villiers. Visiting Professor, Law School University of Johannesburg. Email: Bertus.DeVilliers @justice.wa.gov.au.

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