6 Potchefstroom Elec. L.J. 1 (2003)

handle is hein.journals/per2003 and id is 1 raw text is: CULTURE (AND RELIGION) IN CONSTITUTIONAL ADJUDICATION-
Prof Christa Rautenbach**
Dr Fanie Jansen van Rensburg*
Prof Gerrit Pienaar **
1. Introduction
The   1996   Constitution1  and  its  predecessor2 were    responsible for
revolutionary changes in the constitutional history of South Africa. Probably
one of the most important changes is the replacement of parliamentary
sovereignty with constitutional supremacy.3 Coupled with that was the
enactment of an entrenched Bill of Rights4 and the establishment of a
constitutional court with final jurisdiction over constitutional matters.5 The
judiciary and, especially the members of the constitutional court, play a very
important role within this dispensation.
The task of the judiciary has been described as follows:6
It will be the task of the judiciary - and especially
the members of the constitutional court - to
vindicate the fundamental rights of those litigants
who come before them. It will be their task to
interpret the provisions, give them meaning and
Revised paper delivered at the 5th Colloquium on Constitution and Law, Johannesburg 16
November 2002. The paper forms part of a project of the faculty of law, Potchefstroom
University for CHE in corroboration with the Konrad-Adenauer-Stiftung on Politics, Socio-
Economic Issues and Culture in Constitutional Adjudication. We would like to thank Prof JD
van der Vyver for comments that he made on an earlier draft of this article.
B luris LLB LLM LLD. Associate Professor, faculty of law, Potchefstroom University for
CHE.
D.Phil. Senior Researcher (Social Anthropology), Focus Area for Sustainable Social
-Development, Potchefstroom University.
B lur et Comm LLB LLD. Professor, faculty of law, Potchefstroom University for CHE.
1 Constitution of the Republic of South Africa 108 of 1996 (hereinafter referred to as the 1996
Constitution).
2 The Constitution of the Republic of South Africa 200 of 1993 (hereinafter referred to as the
1993 Constitution).
3 Section 4 of the 1993 Constitution and section 2 of the 1996 Constitution.
4 Contained in chapter 3 of the 1993 Constitution and chapter 2 of the 1996 Constitution.
5 Section 98(1) of the 1993 Constitution and sections 166 and 167 of the 1996 Constitution.
6 Heath and Blomkamp (eds) Foreword in 1994 1 BCLR vi.

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