Constitution-Making and Immutable Principles

This paper takes a comprehensive look at the use of constitutional principles in the constitution-making process. Drawing from the South African example, the author explores, among other things, the process of developing these constitutional principles, the role they play in constitution-making with significant public participation, and the various enforcement mechanisms available to ensure these principles are effective and abided by. To illustrate these points, the author examines the following case studies: South Africa, Namibia, Burundi, Cambodia, and Eritrea. The constitutional principles from these countries are then compared from both a substantive and procedural aspect. Lastly, the report looks at constitutional amendments whose substance does not accord with the underlying constitution.