Judges and the protection of human rights in South Africa: articulating the inarticulate premiss

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Periodical article

Title:	Judges and the protection of human rights in South Africa: articulating the inarticulate premiss
Author:	Cowling, M.G.
Year:	1987
Periodical:	South African Journal on Human Rights
Volume:	3
Issue:	2
Pages:	177-201
Language:	English
Geographic term:	South Africa
Subjects:	human rights judges
External link:	https://doi.org/10.1080/02587203.1987.11827720
Abstract:	The present legal system in South Africa is perceived by the majority of South Africans, and the international community in general, as being in a state of crisis. Since any evaluation of proposals for alternatives (e.g. a bill of rights) should be proceeded by an analysis of the reasons for the present state of crisis, this article inquires as to why the South African courts (and hence judges) have come to be regarded as 'instruments of oppressive social policies'. Therefore, it examines the way in which the South African legal system operates in regard to the protection of fundamental human rights and freedoms. This entails a detailed analysis of the division of power between the judiciary, the executive and the legislature, and the relationship between the State and the individual. Ultimately this will concern the role and function of the judiciary within the present system and, given current judicial attitudes, whether judges would be equipped to take on the task of applying a bill of rights. Notes, ref.