A COMPARATIVE ANALYSIS OF THE DEVELOPMENT OF CONSTITUTIONALISM IN FRANCE AND SOUTH AFRICA

AUTHOR – ANUJ WANKHADE, RESEARCH SCHOLAR AT VISHWAKARMA UNIVERSITY, PUNE

BEST CITATION – ANUJ WANKHADE, A COMPARATIVE ANALYSIS OF THE DEVELOPMENT OF CONSTITUTIONALISM IN FRANCE AND SOUTH AFRICA, ILE CONSTITUTIONAL REVIEW, 4 (1) of 2025, Pg. 41-48, APIS – 3920 – 0006 | ISSN – 2583-7168. DOI – https://doi.org/10.65393/KDQP3478

Abstract

The development of constitutionalism in South Africa and France has been influenced by their distinct legal traditions. France is rooted in civil law, while South Africa blends common law and Roman-Dutch elements, now under a transformative constitutional framework. The research paper aims to explore the historical origins of constitutional thought in both countries, highlighting the main features and institutional structures that define constitutionalism. It also compares how each country upholds constitutional supremacy, protects rights, maintains separation of powers, and conducts judicial review. Although both nations have written constitutions and share commitments to the rule of law and popular sovereignty, France’s approach emphasises a codified legal system, centralised authority, and a constitutional review process designed to balance executive power. At the same time, South Africa’s constitutionalism stems from a transition from an oppressive regime to a rights-focused, transformative, and judicially enforced legal order. This comparison shows how different historical events, such as the French Revolution and South Africa’s democratic transition, created unique models of constitutionalism tailored to their specific national contexts. This study can also be beneficial for academicians, research scholars, enthusiasts, professionals, policymakers, and government officials.

Keywords: Constitutionalism, South Africa, France, Civil Law, Common Law, Roman-Dutch Law, Rule of Law, Judicial Review, French Revolution