Comparison in the Issue Between USA and South Africa Essay

This report seeks to make a comparison on exemption of pattern between the United States and S kayoedh Africa. The question to be answered in contained the definition of the problem. II. explanation of the line (or Issue/Topic) Is the license of expression now in the res publica of siemens Africa now comparable with that of the United States? III. Nature and Extent of the Problem in the Two Countries The Republic of South has evolved into a republic non many years ago which signifies its adoption of democratic frame exercise which basically includes the freedom of expression as part of the rights of the citizens.The US Constitution which includes the freedom of expression on the other hand has been in existence such(prenominal) longer in number of years as compared with RSAs. Given the expiration of the proliferation of the technology and the universal nature of human rights at this point, it is interesting to adjudicate whether the rights or freedom of expression are com parable or buzz off close similarities between the two countries. IV. Dynamics of the Problem This part would think of to the factors that could create or perpetuate the problem or those that would tend toward emptying/ fortitude of the problem.What could create the problem may include lack of sleeplessness of the citizens in protecting their rights. Democracy requires vigilance of its citizens (Shaw, S. , 2001 Africa search Bureau, 1981) and the failure of these citizens to raise their right could result to the death or non-enjoyment of the right. Another factor is the retain of the courts to uphold the right of the citizens by the nature of the decisions made. It is also required that courts take up to have independence from the political branch of the government (Lieberman, 2006 Bowman Iii, 2005).What could work towards elimination or resolution could come from the factors that c could create or perpetuate the problem. If the citizens therefore are vigilant, there is a g reat vista that the right would triumph in the court battles. Similarly if the courts are freelancer from the political branches of government and that the resulting decision are based on the musical note and letter of the rights or freedom of expression (Pasqualucci, 2006 Pannill, 2002), they by all mean, the interlocking if any on these rights may be resolved in advance of their assertion and eventual enjoyment by its citizensV. Analysis on the compass point of Comparability It could be cited that RSAs ratification of its 1996 Constitution, signaled the adoption of some of the surmount practices from the different part of the world including that of the US. Since US is believed to the leader in the bailiwick of human rights, it could be thought the RSA may actually have ameliorate on what is has adopted. The IFLA/FAIFE mankind reveal Libraries and Intellectual freedom (1998) indicates that South Africa stock-still requires to a greater extent time to have its freedom to be considered comparable to the US. there is thus the RSA court decision involving the freedom of expression thing and what came out was that the ultimate Court has just even overruling previous decisions in raise of the upholding better right of freedom of expression. This means that RSAs judicial governance needs more time to really attain what the US as leader in human rights has attained as to freedom of expression. The IFLA/FAIFE World Report Libraries and Intellectual Freedom (1998) has cited a decision on slur in favor of City Press where the court has modernly take away the unfair burden of legal liability on media.Without this ruling, the media would continue to be inhibited in its ability in championing the right to freedom of expression. This recent ruling was therefore considered as a victory of the principles of freedom of expression as contained in RSA Constitution. Since it was just made recently because of the RSAs report of more repressive regimes, it coul d be asserted that it may require more time before RSA could match the kind of right now enjoyed in the US. VI. Conclusion Based on recent rulings of South Africas Supreme Court, it could be deduced that citizens of RSA could now be having more freedom of expression.But as stated in the dynamic of the problem, there are factors that could determine the resolution of conflicts pertaining to the right and the same factors could also be influenced the decrease or demise of the rights to expression. One of this is vigilance that must be asserted by the citizens of South Africa. The present level of technology could be a great supporter for them to use to protect their right by their acts of vigilance. The courts too need to be independent from political branches of government and be not cowed by the experiences of bygone regimes in South Africa.It has taken South Africa to adopt those of the US principles on human rights including the freedom of expression. It should be enough to conc lude, it could not be that luxuriant to reach what the US has attained in many decades for RSAs freedom expression of expression to attain high degree of comparability with the US. VII.ReferencesAfrica Research Bureau (1981) Africa Research Bulletin, Africa Research, Ltd. , 1981 Bowman Iii (2005) Mr. Madison Meets a quantify Machine The Political Science of Federal Sentencing Reform Stanford fair play Review, Vol.58 ICL (2008) The Constitution of South Africa, Act 108 of 1996, www document http//www. servat. unibe. ch/icl/sf__indx. html, Accessed November 11, 2008 IFLA/FAIFE World Report Libraries and Intellectual Freedom (1998), www document http//www. ifla. org/faife/report/south_africa. htm, Accessed November 11, 2008 Lieberman (2006) Sorting the extremist from the Terrorist The Delicate Application of the Political Offense Exception in U. S. Extradition Cases Stanford Law Review, Vol. 59Pannill (2002) Free Speech, The Peoples Darling Privilege Struggles for Freedom of Expres sion in American History Journal of Southern History, Vol. 68, 2002 Pasqualucci (2006) criminal Defamation and the Evolution of the Doctrine of Freedom of Expression in worldwide Law Comparative Jurisprudence of the Inter-American Court of Human Rights Vanderbilt Journal of multinational Law, Vol. 39 Shaw, S. (2001) South Africas Transition to Democracy An African supremacy Story a Resource Book on the Positive Changes of the Nineties, The occasion