n Tydskrif vir die Suid-Afrikaanse Reg - Judicial deference and rights
|Article Title||Judicial deference and rights|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Publication Date||Jan 2006|
|Pages||456 - 467|
ISI Social Science
The demand that judges show appropriate deference to the judgments of the elected branches and administrative agencies - a requirement that has received considerable attention recently - is both understandable and justified. Although the idea of deference has been given "a thoroughly bad press" by the capitulation during apartheid of the judiciary to a legislature and an executive determined to abuse power in the service of racial discrimination, many think that in post-apartheid South Africa the elected branches should be the primary agents of transformation. People expect judges to provide meaningful and effective protection of rights; nevertheless, judges are often, with justification, regarded as "part of democracy's supporting cast, not its star performers".
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