oa Advocate - Political influences in the legal Process: Law and Politics in South Africa

Volume 6, Issue 2
  • ISSN : 1012-8743



The paper traces the historical factors and circumstances which moulded the constitution of the Union of South Africa, with particular reference to the ""entrenched clauses"" relating to the Cape franchise and language rights. It further descriptionbes the events which led to the South African Government seeking to abolish the Cape franchise and the consequent constitutional battles of the 1950's. It identifies other instances of the interaction between politics and the law and comes to the conclusion that in the future South Africa better equilibrium will be achieved by a relatively rigid constitution, embracing a justiciable bill of rights, and by a new system for the appointment of judges.

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