AN EXPLORATION OF JUSTICE: IDEAL AND NONIDEAL THEORY PERSPECTIVES ON THE CONSTITUTION

Abstract

This article explores and analyses the concept of justice in postapartheid
South Africa and whether the 1996 Constitution of the
Republic of South Africa is just. This is done through critical analysis
and juxtaposition of the varieties of justice presented by constitutional
optimists and constitutional abolitionists. The paper will show how the
principles of Ideal Theory and Non-Ideal Theory feature in the political
narratives of the constitutional optimists and abolitionists,
respectively. Further, this paper allows for introspection surrounding
the conception of justice and how justice is realised in society. Finally,
it will be argued that the conception of justice that manifests in society
is subjective to the interests of the agents that hold the economic
means to influence political power.