عنوان

'Lawfare' in South Africa and Its Effects on the Judiciary

شماره

LA108041

زبان متن نوشتاري يا گفتاري و مانند آن

انگلیسی

عنوان اصلي

'Lawfare' in South Africa and Its Effects on the Judiciary

نام عام مواد

[Article]

نام نخستين پديدآور

Hugh Corder, Cora Hoexter

محل نشرو پخش و غیره

Leiden

نام ناشر، پخش کننده و غيره

Brill | Nijhoff

متن يادداشت

This article identifies three senses of the term 'lawfare' in the South African context. In the first and most standard sense of the term, law was abused by the state during the pre-democratic era in order to construct a racist state. In the second sense, litigation was used in the period 1910-1993 as a weapon of the weak by those excluded from the franchise, in order to resist oppression and rule by law. The third sense of lawfare overlaps with the second but is associated with the judicialisation of politics in the era of constitutional democracy. It refers to the use of litigation to resolve contentious political disputes in spite of the existence of many non-curial constitutional safeguards. Using examples, the article shows that lawfare in this third sense was a feature of the presidency of Jacob Zuma and that it was triggered by the rise of nepotism, corruption and state capture well as the abdication of governance responsibilities to the judiciary. It argues that because the courts have been drawn into the public arena and thrust into a relationship of constant tension with the political branches, the judiciary has become the primary casualty of this barrage of lawfare. This article identifies three senses of the term 'lawfare' in the South African context. In the first and most standard sense of the term, law was abused by the state during the pre-democratic era in order to construct a racist state. In the second sense, litigation was used in the period 1910-1993 as a weapon of the weak by those excluded from the franchise, in order to resist oppression and rule by law. The third sense of lawfare overlaps with the second but is associated with the judicialisation of politics in the era of constitutional democracy. It refers to the use of litigation to resolve contentious political disputes in spite of the existence of many non-curial constitutional safeguards. Using examples, the article shows that lawfare in this third sense was a feature of the presidency of Jacob Zuma and that it was triggered by the rise of nepotism, corruption and state capture well as the abdication of governance responsibilities to the judiciary. It argues that because the courts have been drawn into the public arena and thrust into a relationship of constant tension with the political branches, the judiciary has become the primary casualty of this barrage of lawfare.

تاريخ نشر

2017

توصيف ظاهري

105-126

عنوان

African Journal of Legal Studies

شماره جلد

10/2-3

شماره استاندارد بين المللي پياييندها

1708-7384

اصطلاح موضوعی

International Law: General Interest

اصطلاح موضوعی

judiciary

اصطلاح موضوعی

lawfare

اصطلاح موضوعی

political disputes

اصطلاح موضوعی

South Africa

اصطلاح موضوعی

strategic litigation

مستند نام اشخاص تاييد نشده

Cora Hoexter

مستند نام اشخاص تاييد نشده

Hugh Corder

شماره بازیابی

10.1163/17087384-12340017

نام الکترونيکي

فرمت انتشار

p

نوع ماده

[Article]

کد کاربرگه

275578

سطح دسترسي

a

تكميل شده

Y