Bring out the differences between the Transformative and Transactional Constitution.

The Transformative Constitution and the Transactional Constitution represent two distinct approaches to constitutional interpretation and application.

Transformative Constitution:

- Focuses on social justice and equality.

- Aims to reshape society by addressing historical injustices.

- Example: South Africa’s post-apartheid constitution emphasizes human rights and dignity.

Transactional Constitution:

- Emphasizes stability and order in governance.

- Views the constitution as a contract among citizens and the state.

- Example: The U.S. Constitution prioritizes the balance of powers and procedural fairness.

Key differences include:

- Purpose: Transformative seeks change; transactional seeks stability.

- Interpretation: Transformative allows for broader, evolving interpretations; transactional adheres to original intent.

- Impact: Transformative aims for societal transformation; transactional focuses on maintaining existing structures.

In summary, while the transformative approach seeks to address systemic inequalities, the transactional perspective prioritizes the maintenance of order and governance. Both play crucial roles in shaping constitutional law.