IRM1501
May/June PORTFOLIO 2026
Unique number:
Due Date: 20 May 2026
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of the
Republic of South Africa, 1996. It refers to the process of changing South African society
from the injustices of apartheid to a democratic society based on human dignity, equality and
freedom. The Constitution created a legal foundation for social and political change. The
Preamble confirms this goal by recognising the injustices of the past and promoting a society
based on democratic values, social justice and human rights.1 Transformative
constitutionalism therefore requires the law to support social change and protect vulnerable
people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social institutions
through constitutional interpretation and enforcement.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of
the Republic of South Africa, 1996. It refers to the process of changing South African
society from the injustices of apartheid to a democratic society based on human
dignity, equality and freedom. The Constitution created a legal foundation for social
and political change. The Preamble confirms this goal by recognising the injustices
of the past and promoting a society based on democratic values, social justice and
human rights.1 Transformative constitutionalism therefore requires the law to support
social change and protect vulnerable people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social
institutions through constitutional interpretation and enforcement.2 The purpose is
not only to change legal rules but also to improve power relations and social
conditions in a peaceful and democratic manner. This makes the Constitution more
than a document of rules. It becomes an instrument for rebuilding society after
apartheid. Langa CJ also argued that the Constitution represents a clear break from
the racist and authoritarian system of apartheid.3 The Constitution promotes a caring
and equal society where all people are protected by the law. Transformative
constitutionalism therefore requires judges, lawyers and legal researchers to
interpret the law in line with constitutional values.
The democratic values of dignity, equality and freedom guide transformative
constitutionalism. Courts are expected to develop the common law and legislation in
a manner that promotes these values.4 Ubuntu is also an important value linked to
transformative constitutionalism because it promotes fairness, humanity and respect
for others. Mokgoro stated that ubuntu supports reconciliation and social justice in
1
Constitution of the Republic of South Africa, 1996 Preamble.
2
Karl Klare, ‘Legal Culture and Transformative Constitutionalism’ (1998) 14 South African Journal on
Human Rights 146, 150.
3
Pius Langa, ‘Transformative Constitutionalism’ (2006) 3 Stellenbosch Law Review 351, 351.
4
Constitution of the Republic of South Africa, 1996 ss 1, 39(2).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
May/June PORTFOLIO 2026
Unique number:
Due Date: 20 May 2026
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of the
Republic of South Africa, 1996. It refers to the process of changing South African society
from the injustices of apartheid to a democratic society based on human dignity, equality and
freedom. The Constitution created a legal foundation for social and political change. The
Preamble confirms this goal by recognising the injustices of the past and promoting a society
based on democratic values, social justice and human rights.1 Transformative
constitutionalism therefore requires the law to support social change and protect vulnerable
people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social institutions
through constitutional interpretation and enforcement.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
QUESTION 1
Transformative constitutionalism is one of the most important ideas in South African
constitutional law. The concept developed after the adoption of the Constitution of
the Republic of South Africa, 1996. It refers to the process of changing South African
society from the injustices of apartheid to a democratic society based on human
dignity, equality and freedom. The Constitution created a legal foundation for social
and political change. The Preamble confirms this goal by recognising the injustices
of the past and promoting a society based on democratic values, social justice and
human rights.1 Transformative constitutionalism therefore requires the law to support
social change and protect vulnerable people in society.
The concept was introduced by Karl Klare in 1998. Klare described transformative
constitutionalism as a long-term project aimed at transforming political and social
institutions through constitutional interpretation and enforcement.2 The purpose is
not only to change legal rules but also to improve power relations and social
conditions in a peaceful and democratic manner. This makes the Constitution more
than a document of rules. It becomes an instrument for rebuilding society after
apartheid. Langa CJ also argued that the Constitution represents a clear break from
the racist and authoritarian system of apartheid.3 The Constitution promotes a caring
and equal society where all people are protected by the law. Transformative
constitutionalism therefore requires judges, lawyers and legal researchers to
interpret the law in line with constitutional values.
The democratic values of dignity, equality and freedom guide transformative
constitutionalism. Courts are expected to develop the common law and legislation in
a manner that promotes these values.4 Ubuntu is also an important value linked to
transformative constitutionalism because it promotes fairness, humanity and respect
for others. Mokgoro stated that ubuntu supports reconciliation and social justice in
1
Constitution of the Republic of South Africa, 1996 Preamble.
2
Karl Klare, ‘Legal Culture and Transformative Constitutionalism’ (1998) 14 South African Journal on
Human Rights 146, 150.
3
Pius Langa, ‘Transformative Constitutionalism’ (2006) 3 Stellenbosch Law Review 351, 351.
4
Constitution of the Republic of South Africa, 1996 ss 1, 39(2).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
