how didi the African constitution differs from the Indian constitution?
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While the Indian Constitution was conceived and drafted before the adoption in 1948 of the Universal Declaration of Human Rights UDHR, the South African Constitution was adopted in 1996, at the peak of the modern international human rights movement. The Indian Constitution was forged by an elitist process whereas the South African constitution was the product of a sharply participatory process. While this Article applauds South Africa for its participatory constitution -making, it draws on the Indian experience to challenge the premise that a constitution’s legitimacy hinges on popular participation, arguing that this bit of accepted wisdom needs to be viewed critically.
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