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International Law and the South African Constitution

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VIII Conclusion

The 1996 South African Constitution, like the Interim Constitution of 1993, seeks to ensure that South African law will evolve in accordance with international law. The legal profession and the judiciary, which during the apartheid era made little use of international law, have generally responded positively. Law libraries have acquired international law materials and arguments are frequently made in the language of international law, particularly in the field of human rights. Judges in both the ordinary courts and the Constitutional Court have not hesitated to invoke international law to support their findings. That international law is still unfamiliar terrain to the courts, however, is illustrated by the AZAPO case. Inevitably, it will take time for South African lawyers and judges to become fully conversant with the sources, rules and reasoning of international law. The Constitution which serves as the foundation stone for the new South Africa will ensure that this happens.

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