The South African judiciary is once more centre stage in the political drama unfolding around theIn any constitutional democracy worth the name, the judiciary will be the ultimate guarantor of the rule of law and the supremacy of the Constitution.
And when the political process increasingly frustrates the enforcement and implementation of the Constitution, politicians and civil society will turn to the courts to seek endorsement of their concerns.” frequently place the courts in an awkward position. That’s because they have to rule on emotive political questions.
Accountability is achieved by judges sitting in open court and through their work being critically analysed through the media and the legal profession. Judges are also held in check by the necessity that they justify their decisions with reasoned judgments, which can be appealed to higher courts.
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