oa Comparative and International Law Journal of Southern Africa - Constitutionalism in Botswana: a valiant attempt at judicial activism
|Article Title||Constitutionalism in Botswana: a valiant attempt at judicial activism|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Institute of Foreign and Comparative Law, UNISA|
|Publication Date||Nov 1983|
|Pages||350 - 373|
|Keyword(s)||Botswana, Constitution, Constitutional law judgments, Court of Appeal, Hayfron-Benjamin and Jurisprudence|
This article reviews the period of the short reign of a constitutionally-minded Chief Justice in a young and democratic African state, of a man of strong conviction and somewhat ahead of his time. It is through the agency of judicial office-bearers like him that the law takes form, particularly in an infant jurisdiction where personalities count more than they do in well-established jurisdictions. The first part of this article contains a brief descriptionption of Botswana and its constitution, followed by a summary and interim evaluation of Chief Justice Hayfron-Benjamin's constitutional law judgments. The second part deals with the Court of Appeal's attitude, the departure of Chief Justice Hayfron-Benjamin, and the jurisprudential issues arising from the Hayfron-Benjamin era.
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