Democracybetween a just public legalorder and the idealof (equitable) transformation

Although it may seem easy to compare states in terms of the number of their citizens and the size and shape of their countries, the connection between the democratic state and the numerical and spatial considerations is more subtle and complex, for theoretical views of society and the state tend to diverge into opposing positions that explore themutually exclusive extremes ofatomism and holism. Againstthe background of some historical and systematic considerations, these theoretical stances are assessed by looking at some facets of the idea of equity and transformation within the South African context. In the discussion, attention is given to the idea of majority rule, alternative interpretations of t̀ransformation'and the difference between constitutive and regulative legal principles.