oa Comparative and International Law Journal of Southern Africa - Constitutionalism in Botswana: a valiant attempt at judicial activism: Part two (continued from CILSA, 1983, vol. 16: 373)
|Article Title||Constitutionalism in Botswana: a valiant attempt at judicial activism: Part two (continued from CILSA, 1983, vol. 16: 373)|
|© 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||Mar 1984|
|Pages||49 - 64|
|Keyword(s)||Bill of Rights, Botswana, Botswana Constitution, Court of Appeal, Independence constitution, Judiciary and Reformulation|
Tradition-wise the Batswana believe in participatory government or government by popular discussion and consensus. But how participatory is the central government structure? How efficient are its input and feedback circuits? To what extent does the independence constitution promote participatory democracy? This article argues that the country's Bill of Rights does not sufficiently conform to the traditional communal spirit of the country's society. It is possible that the emphasis could be too heavily on the individual as an individual rather than a member of society. A reformulation of the content of the constitutionally protected rights might well make the case for their protection more attractive.
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