sources dealing with transformative constitutionalism
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Although it is difficult to define
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Transformative constitutionalism may be described as the process of using the values set by a constitutional framework of a State to usher in a change in the social, legal, economic or political systems.
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Transformative Constitutionalism is not a particularly new concept. It has been around since 1998 and was first described in Legal Culture and Transformative Constitutionalism, a piece by American Professor Karl Klare. This article aims to identify the meaning behind transformative constitutionalism by exploring some recent cases in which the concept was applied to the reasoning of the courts and analysing the impact on contemporary society.
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