Heinz Klug
Biographic Data
| ID | 256804 |
|---|---|
| NAME | Heinz Klug |
| GIVEN NAMES | Heinz |
| FAMILY NAME | Klug |
| SIGNATURE | KLUG H |
| AFFILIATIONS | University of the Witwatersrand |
| ORCID | 0000-0002-1706-3230 |
| VERIFIED | Yes |
| TOTAL WORKS | 29 |
| TOTAL CITATIONS | 39 |
| AUTHOR COUNT | 29 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1976 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Beyond a Bimodal Southern Democratic Constitutionalism
African Constitutionalism: Between Power, Persuasion, and Irrelevance
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Law in context’ in post-colonial South Asia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Between Principles & Power: Water Law Principles & the Governance of Water in Post-Apartheid South Africa
Debates over the management and allocation of water in the postcolonial era, and in post-apartheid South Africa in particular, reveal that struggles over water resources in Southern Africa occur within three broad frames: the institutional, the hydrological, and the ideological. Each of these realms reflects tensions in the relationship between power and principle that continue to mark the governance of water. Each perspective offers a way to und…
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa . By Sindiso Mnisi Weeks. New York: Routledge, 2017
The Constitution of Myanmar: A Contextual Analysis
This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practices, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and mainte…
Decolonisation, compensation and constitutionalism: Land, wealth and the sustainability of constitutionalism in post-apartheid South Africa
This paper explores the relationship between the protection of property rights and the effort to embed constitutionalism in South Africa since 1994. While the question of land will be central to the paper, property must be understood more broadly to include government’s distributive efforts in the democratic era beginning with the Reconstruction and Development Programme through the provision of various social-grant programmes to the adoption of …
Constitutionalism, Comparative
Constitutional Amendments
Constitutional amendment remains a source of ongoing academic and political contestation. Although in some cases the rigidity of formal amendment rules has produced debates over the impact of judicial interpretation as a substitute for amendment, in other cases amendments remain highly controversial or existing constitutional provisions remain unimplemented owing to continuing social, economic, or political pressures. This review both explores th…
Access to Medicines and the Transformation of the South African State: Exploring the Interactions of Legal and Policy Changes in Health, Intellectual Property, Trade, and Competition Law in the Contex…
Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both with…
The Constitution of South Africa: A Contextual Analysis
South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource th…
Law, Politics, and Access to Essential Medicines in Developing Countries
This article argues that to advance the struggle for access to essential medicines, it is necessary to identify the global and local regimes that shape the rules that give impetus to particular policy options, while undermining others. In exploring the role of law and politics in this process, the author first outlines the globalization of a standardized, corporate-inspired, intellectual property regime. Second, the author uses the example of the…
Transnational Human Rights: Exploring the Persistence and Globalization of Human Rights
This review considers how a socio-legal approach may be used to explore the relationship between human rights and law in the new century. Drawing on the classic traditions of law and society research, including gap studies, rights consciousness, public interest lawyering, and legal resource mobilization, as well as more recent approaches to legal globalization and epistemic communities or nongovernment networks, this paper begins to define a fiel…
Postcolonial Collages: Distributions of Power and Constitutional Models
The wave of post-Cold War state reconstruction was marked in its reliance on the adoption of new constitutions as the marker of a state's transition to a new order. Whether at the beginning or end of the process, or as the central theme, as was the case in South Africa, post-Cold War constitutions came to reflect a common core of principles and institutions, despite the often nationalist tone surrounding their creation. This article argues that t…
Straining the Law: Conflicting Legal Premises and the Governance of Aquatic Resources
While ecosystem management has been widely accepted as a key to addressing ecological crisis and conflict over aquatic resources, this article argues that the success of this approach may be threatened by the unarticulated assumptions of property rights embedded in the interstices of the law. Drawing on a history of conflict and cooperation in the management of natural resources, the article identifies different ways in which legal premises may b…
Notes and Comments
Constituting Democracy: Law, Globalism and South Africa's Political Reconstruction
Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism despite the widespread recognition that courts are institutionally weak, lack adequate resource…
Law Under and After Apartheid: Abel's Sociolegal Analysis
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Co-operative Government in South Africa's Post-Apartheid Constitution: Embracing the German Model
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order
In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace. Building on Pierre Bourdieu's structural approach, this book shows how an informal, settlement-oriented system became formalized and litigious. Using mulitple exampl…
Introducing the Devil: An Institutional Analysis of the Power of Constitutional Review
Introducing a justiciable constitution has fundamentally changed the place of the judiciary in South Africa’s constitutional and political order Analysis of the judicial role, and the Constitutional Court in particular, has in consequence focused on developing an understanding of how the Court will go about its task of applying and interpreting the Constitution and the Bill of Rights in particular. This approach relies, it has been argued, upon c…
Case Notes
Defining the Property Rights of Others: Political Power, Indigenous Tenure and the Construction of Customary Land Law
1995). Defining the Property Rights of Others. The Journal of Legal Pluralism and Unofficial Law: Vol. 27, No. 35, pp. 119-148
South Africa ́s New Constitution: The Challenges of Diversity and Identity
The African National Congress (ANC) with its formal nonracial ideology won the first democratic elections Nevertheless challenges of diversity and identity remain embedded in the interim constitution which went into effect on the eve of the elections at one minute past midnight on April 27. 1994 Furthermore, these issues wait to be reopened as the Constitutional Assembly negotiates the final post-apartheid constitution. In terms of the 1993 Const…
In a Time of Trouble: Law and Liberty in South Africa's State of Emergency
The Constitution of Myanmar: A Contextual Analysis
This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practices, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and mainte…
Defining the Property Rights of Others: Political Power, Indigenous Tenure and the Construction of Customary Land Law
1995). Defining the Property Rights of Others. The Journal of Legal Pluralism and Unofficial Law: Vol. 27, No. 35, pp. 119-148
Law, Politics, and Access to Essential Medicines in Developing Countries
This article argues that to advance the struggle for access to essential medicines, it is necessary to identify the global and local regimes that shape the rules that give impetus to particular policy options, while undermining others. In exploring the role of law and politics in this process, the author first outlines the globalization of a standardized, corporate-inspired, intellectual property regime. Second, the author uses the example of the…
Transnational Human Rights: Exploring the Persistence and Globalization of Human Rights
This review considers how a socio-legal approach may be used to explore the relationship between human rights and law in the new century. Drawing on the classic traditions of law and society research, including gap studies, rights consciousness, public interest lawyering, and legal resource mobilization, as well as more recent approaches to legal globalization and epistemic communities or nongovernment networks, this paper begins to define a fiel…
Constitutional Amendments
Constitutional amendment remains a source of ongoing academic and political contestation. Although in some cases the rigidity of formal amendment rules has produced debates over the impact of judicial interpretation as a substitute for amendment, in other cases amendments remain highly controversial or existing constitutional provisions remain unimplemented owing to continuing social, economic, or political pressures. This review both explores th…
Access to Medicines and the Transformation of the South African State: Exploring the Interactions of Legal and Policy Changes in Health, Intellectual Property, Trade, and Competition Law in the Contex…
Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both with…
Co-operative Government in South Africa's Post-Apartheid Constitution: Embracing the German Model
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
African Constitutionalism: Between Power, Persuasion, and Irrelevance
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Law in context’ in post-colonial South Asia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Between Principles & Power: Water Law Principles & the Governance of Water in Post-Apartheid South Africa
Debates over the management and allocation of water in the postcolonial era, and in post-apartheid South Africa in particular, reveal that struggles over water resources in Southern Africa occur within three broad frames: the institutional, the hydrological, and the ideological. Each of these realms reflects tensions in the relationship between power and principle that continue to mark the governance of water. Each perspective offers a way to und…
Decolonisation, compensation and constitutionalism: Land, wealth and the sustainability of constitutionalism in post-apartheid South Africa
This paper explores the relationship between the protection of property rights and the effort to embed constitutionalism in South Africa since 1994. While the question of land will be central to the paper, property must be understood more broadly to include government’s distributive efforts in the democratic era beginning with the Reconstruction and Development Programme through the provision of various social-grant programmes to the adoption of …
Postcolonial Collages: Distributions of Power and Constitutional Models
The wave of post-Cold War state reconstruction was marked in its reliance on the adoption of new constitutions as the marker of a state's transition to a new order. Whether at the beginning or end of the process, or as the central theme, as was the case in South Africa, post-Cold War constitutions came to reflect a common core of principles and institutions, despite the often nationalist tone surrounding their creation. This article argues that t…
Straining the Law: Conflicting Legal Premises and the Governance of Aquatic Resources
While ecosystem management has been widely accepted as a key to addressing ecological crisis and conflict over aquatic resources, this article argues that the success of this approach may be threatened by the unarticulated assumptions of property rights embedded in the interstices of the law. Drawing on a history of conflict and cooperation in the management of natural resources, the article identifies different ways in which legal premises may b…
Introducing the Devil: An Institutional Analysis of the Power of Constitutional Review
Introducing a justiciable constitution has fundamentally changed the place of the judiciary in South Africa’s constitutional and political order Analysis of the judicial role, and the Constitutional Court in particular, has in consequence focused on developing an understanding of how the Court will go about its task of applying and interpreting the Constitution and the Bill of Rights in particular. This approach relies, it has been argued, upon c…
Über die Auswirkungen des projektierten Hamburger Vorhafenbaus im Watt südlich des Elbeästuars
Karlheinz Paffen - Weg und Werk
Rethinking Affirmative Action in a Non-Racial Democracy
(1991). Rethinking Affirmative Action in a Non-Racial Democracy. South African Journal on Human Rights: Vol. 7, No. 3, pp. 317-333
Cases and Comments
In a Time of Trouble: Law and Liberty in South Africa's State of Emergency
Defining the Property Rights of Others: Political Power, Indigenous Tenure and the Construction of Customary Land Law
1995). Defining the Property Rights of Others. The Journal of Legal Pluralism and Unofficial Law: Vol. 27, No. 35, pp. 119-148
South Africa ́s New Constitution: The Challenges of Diversity and Identity
The African National Congress (ANC) with its formal nonracial ideology won the first democratic elections Nevertheless challenges of diversity and identity remain embedded in the interim constitution which went into effect on the eve of the elections at one minute past midnight on April 27. 1994 Furthermore, these issues wait to be reopened as the Constitutional Assembly negotiates the final post-apartheid constitution. In terms of the 1993 Const…
Case Notes
Introducing the Devil: An Institutional Analysis of the Power of Constitutional Review
Introducing a justiciable constitution has fundamentally changed the place of the judiciary in South Africa’s constitutional and political order Analysis of the judicial role, and the Constitutional Court in particular, has in consequence focused on developing an understanding of how the Court will go about its task of applying and interpreting the Constitution and the Bill of Rights in particular. This approach relies, it has been argued, upon c…
Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order
In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace. Building on Pierre Bourdieu's structural approach, this book shows how an informal, settlement-oriented system became formalized and litigious. Using mulitple exampl…
Constituting Democracy: Law, Globalism and South Africa's Political Reconstruction
Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism despite the widespread recognition that courts are institutionally weak, lack adequate resource…
Law Under and After Apartheid: Abel's Sociolegal Analysis
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Co-operative Government in South Africa's Post-Apartheid Constitution: Embracing the German Model
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Straining the Law: Conflicting Legal Premises and the Governance of Aquatic Resources
While ecosystem management has been widely accepted as a key to addressing ecological crisis and conflict over aquatic resources, this article argues that the success of this approach may be threatened by the unarticulated assumptions of property rights embedded in the interstices of the law. Drawing on a history of conflict and cooperation in the management of natural resources, the article identifies different ways in which legal premises may b…
Notes and Comments
Postcolonial Collages: Distributions of Power and Constitutional Models
The wave of post-Cold War state reconstruction was marked in its reliance on the adoption of new constitutions as the marker of a state's transition to a new order. Whether at the beginning or end of the process, or as the central theme, as was the case in South Africa, post-Cold War constitutions came to reflect a common core of principles and institutions, despite the often nationalist tone surrounding their creation. This article argues that t…
Transnational Human Rights: Exploring the Persistence and Globalization of Human Rights
This review considers how a socio-legal approach may be used to explore the relationship between human rights and law in the new century. Drawing on the classic traditions of law and society research, including gap studies, rights consciousness, public interest lawyering, and legal resource mobilization, as well as more recent approaches to legal globalization and epistemic communities or nongovernment networks, this paper begins to define a fiel…
Law, Politics, and Access to Essential Medicines in Developing Countries
This article argues that to advance the struggle for access to essential medicines, it is necessary to identify the global and local regimes that shape the rules that give impetus to particular policy options, while undermining others. In exploring the role of law and politics in this process, the author first outlines the globalization of a standardized, corporate-inspired, intellectual property regime. Second, the author uses the example of the…
The Constitution of South Africa: A Contextual Analysis
South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource th…
Access to Medicines and the Transformation of the South African State: Exploring the Interactions of Legal and Policy Changes in Health, Intellectual Property, Trade, and Competition Law in the Contex…
Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both with…
Constitutionalism, Comparative
Constitutional Amendments
Constitutional amendment remains a source of ongoing academic and political contestation. Although in some cases the rigidity of formal amendment rules has produced debates over the impact of judicial interpretation as a substitute for amendment, in other cases amendments remain highly controversial or existing constitutional provisions remain unimplemented owing to continuing social, economic, or political pressures. This review both explores th…
Decolonisation, compensation and constitutionalism: Land, wealth and the sustainability of constitutionalism in post-apartheid South Africa
This paper explores the relationship between the protection of property rights and the effort to embed constitutionalism in South Africa since 1994. While the question of land will be central to the paper, property must be understood more broadly to include government’s distributive efforts in the democratic era beginning with the Reconstruction and Development Programme through the provision of various social-grant programmes to the adoption of …
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa . By Sindiso Mnisi Weeks. New York: Routledge, 2017
The Constitution of Myanmar: A Contextual Analysis
This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practices, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and mainte…
Political science (26 works) · Law (25 works) · Law (19 works) · Sociology (18 works) · Politics (14 works) · Law and economics (12 works) · Legal Issues in South Africa (11 works) · Human Rights and Development (9 works) · Democracy (8 works) · Geography (7 works)