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Constitutional Principles

This is a brief paper concerning constitutional principles. The paper discusses the how constitutional principles may be used to reach agreements in the constitution-making process, and refers South Africa as an example. The paper then sets out the reasons in favour of including constitutional principles within constitutions, and breaks down the means of doing so as follows: constitutional principles in a preamble; constitutional principles as founding provisions; constitutional principles permeating a constitution; and directive principles. Finally the paper sets out the legal implications of constitutional principles, including, but not limited to their providing guidance to courts.

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Keywords  Principles,  Directive Principles,  General/Fundamental Principles