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Judging the Judges: Towards an Appropriate Role for the Judiciary in South Africa's Transformation

Published online by Cambridge University Press:  15 December 2007

Abstract

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.

Type
"ESSAYS IN HONOUR OF JOHN DUGARD: THE PROTECTION OF THE INDIVIDUAL IN INTERNATIONAL LAW"
Copyright
© 2007 Foundation of the Leiden Journal of International Law

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