n Tydskrif vir die Suid-Afrikaanse Reg - Who controls the controllers? : aantekeninge
|Article Title||Who controls the controllers? : aantekeninge|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Publication Date||Jan 2007|
|Pages||134 - 140|
ISI Social Science
Juvenal's dictum "Quis custodiet ipsos custodies" has developed into the recurring Leitmotiv of any debate on power, responsibility and accountability. Cappelletti has chosen it as the title for an article which preludes the contemporary debate. I follow suit. Since Cappelletti's go at the question, the scene has changed and the public debate has become more vivid. (See Cappelletti "Who watches the watchmen?" ch 2 in The Judicial Process in Comparative Perspective (1989) 57.) New aspects have come up perhaps as an overspill of the general debate on accountability. The general debate on professional ethics has reached the judiciary. The fact that litigation has become a panacea for each and every problem, let it be personal, social or political, has moved the courts into the limelight. Our attitude towards them remains ambivalent: on the one hand, we are only too keen to approach them with our problems; on the other hand, our trust in the courts is limited. At least we tend to take a closer look at who they are, what they do and how they arrive at their decisions.
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