Abstract
Abstract The Freedom Charter and the ANC's constitutional guidelines reveals that they rely upon a model of “populist democracy” which also justifies the status and policies of the National Party. Although ends differ, means for legitimising power are the same. A critique of “populist democracy”, based upon public choice theory, reveals procedural flaws and implementation failures of populist democracy. Having identified these problems, an alternative model is prescribed to serve as a constitutional framework. It is suggested that a set of rules be prescribed to constrain actions of the state rather than to seek “innovations” which prompt an enlarged political intrusion into the lives and livelihoods of citizens.
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