Lawfare and Judicial Legitimacy: The Judicialisation of Politics in the case of South Africa

Lawfare is a term used to describe the judicialization of politics, where the Constitutional Court is called upon to uphold constitutional responsibilities and compensate for institutional failures. This book explores the judicial-political dynamics of South Africa from 2009 onwards, tracing the consequences of the judicialization of politics for institutional resilience and broader constitutional stability. It analyzes the potential costs of both judicial statesmanship and strategies of deference and avoidance when navigating the Court safely through the era of lawfare. The implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world.

Format: Hardback
Length: 258 pages
Publication date: 28 July 2023
Publisher: Taylor & Francis Ltd

Lawfare is a multifaceted and dynamic concept that encompasses a range of permutations. It refers to the process by which politics becomes intertwined with the judiciary, with the Constitutional Court being called upon to uphold constitutional responsibilities and compensate for institutional failures within the broader democratic space. It can also manifest as the misuse of legal processes to evade accountability. When the court becomes embroiled in political affairs, it necessitates a critical examination of the boundaries of judicial review. This book aims to shed light on how the judicialization of politics leads to the politicization of adjudication and the further weaponization of the law. By exploring the judicial-political dynamics of South Africa from 2009 onwards, the work seeks to examine the consequences of this phenomenon for institutional resilience and broader constitutional stability. Through an in-depth analysis of judicial legitimacy, the book aims to provide a comprehensive theoretical framework to justify the dangers inherent in lawfare. It examines the potential costs associated with both judicial statesmanship and strategies of deference and avoidance when navigating the Court in the era of lawfare. South Africa serves as an intriguing case study, as it witnesses an ongoing global trend. By focusing on a comparative perspective, the implications of lawfare presented in this book extend beyond the South African context and have relevance to other jurisdictions worldwide. Researchers, academics, and practitioners engaged in the fields of Constitutional Law and Politics will find this book of interest.

Lawfare is a complex and evolving concept with many permutations.

It refers to the process by which politics becomes intertwined with the judiciary, with the Constitutional Court being called upon to uphold constitutional responsibilities and compensate for institutional failures within the broader democratic space. It can also manifest as the misuse of legal processes to evade accountability. When the court becomes embroiled in political affairs, it necessitates a critical examination of the boundaries of judicial review. This book aims to shed light on how the judicialization of politics leads to the politicization of adjudication and the further weaponization of the law. By exploring the judicial-political dynamics of South Africa from 2009 onwards, the work seeks to examine the consequences of this phenomenon for institutional resilience and broader constitutional stability. Through an in-depth analysis of judicial legitimacy, the book aims to provide a comprehensive theoretical framework to justify the dangers inherent in lawfare. It examines the potential costs associated with both judicial statesmanship and strategies of deference and avoidance when navigating the Court in the era of lawfare. South Africa serves as an intriguing case study, as it witnesses an ongoing global trend. By focusing on a comparative perspective, the implications of lawfare presented in this book extend beyond the South African context and have relevance to other jurisdictions worldwide. Researchers, academics, and practitioners engaged in the fields of Constitutional Law and Politics will find this book of interest.

Dimension: 234 x 156 (mm)
ISBN-13: 9781032433349