With the elimination of the apartheid system, South Africa now confronts the transition to a rights-based legal system in a constitutional democracy. Among lawyers and judges, exhilaration over the legal tools soon to be available is tempered by uncertainty about how to use them. The changes in the legal system are significant, which citizens can challenge any law or administrative decision on the basis of their constitutional rights.
South African lawyers are concerned about the difficulty of fostering a rights-based culture in a multiracial society containing a wide range of political and personal beliefs simply by including a bill of rights in the constitution and establishing the means for its defense. Because the bill of rights has been drawn in experience in developing a body of precedent that will address the particular needs of its citizens.
South Africa must also contend with the image of the law held by many of its citizens. Because the law in South Africa has long been a tool of racial oppression, many of its citizens have come to view obeying the law as implicitly sanctioning an illegitimate, brutal government. Among these South oppression but instead a way to bring about change and help further the cause of justice.
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