Judging the Judges: Towards an Appropriate Role for the Judiciary in South Africa's Transformation
Published online by Cambridge University Press: 15 December 2007
In this article I draw on John Dugard's criticism of apartheid judges to initiate a discussion of the role and functioning of judges in the post-apartheid era. Using John's critique of the limits of judicial interpretation in an illegitimate order, I extend the analysis to review the record of the Constitutional Court in adjudicating socioeconomic rights cases post-1994. In doing so I propose a radical interpretation of the Court's role in society and an activist functioning of judges in South Africa's constitutional democracy. I conclude that, notwithstanding the momentous changes in the South African legal order since 1994, John's critique of the judiciary retains much value and applicability today.
- "ESSAYS IN HONOUR OF JOHN DUGARD: THE PROTECTION OF THE INDIVIDUAL IN INTERNATIONAL LAW"
- Leiden Journal of International Law , Volume 20 , Issue 4 , December 2007 , pp. 965 - 981
- © 2007 Foundation of the Leiden Journal of International Law