Read the main points of the Bill of Rights in the South African Constitution and the Directive Principles in India. Which are the common points in the two lists? Why did the South African Constitution put these in the Bill of Rights? If you were writing the constitution for a new country, what would you suggest?
The common points between the Bill of Rights in South Africa and the Directive Principles in India include rights related to dignity, education, health care, and protection from discrimination. Both emphasize the welfare of citizens and ensure basic entitlements.
The South African Constitution placed these in the Bill of Rights because it was created after the dissolution of the Apartheid government, when the country still faced the threat of civil war. The Bill of Rights is described as a "cornerstone of democracy" in South Africa. It forbids discrimination on grounds of race, gender, ethnic origin, and other factors. By making these rights enforceable through a special constitutional court, South Africa ensured that citizens could legally claim these rights and prevent future discrimination.
If I were writing a constitution for a new country, I would suggest including an extensive range of rights similar to South Africa, covering dignity, privacy, fair labour practices, housing, healthcare, and education. These rights should be constitutionally guaranteed rather than mere guidelines. Unlike ordinary legal rights that can be changed by ordinary legislation, fundamental rights should only be amendable through constitutional amendment.
I would also recommend that rights be enforceable with judicial protection, ensuring that no organ of government can violate them. However, reasonable restrictions may be placed on fundamental rights to balance individual rights with collective interests, as rights cannot be absolute.
Explanation
The answer draws from the textbook context about South Africa's Bill of Rights being created post-Apartheid when civil war threatened the nation. The context explicitly states the Bill of Rights is a 'cornerstone of democracy' and lists specific rights like dignity, privacy, housing, healthcare, and education. The comparison with Directive Principles is based on the question's framing, though the context focuses primarily on South African rights. The suggestion for a new constitution incorporates principles from both the South African model (extensive enforceable rights) and the Indian approach (reasonable restrictions on fundamental rights).