tag:blogger.com,1999:blog-2968006723625514014.post6979879114495985540..comments2011-11-24T08:17:12.742+02:00Comments on Notes on the South African Condition: How to Lose the Fight: Part II The JudiciaryUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2968006723625514014.post-65606702489853182722011-11-24T08:10:35.985+02:002011-11-24T08:10:35.985+02:00Geoff Budlender recently addressed some of the iss...Geoff Budlender recently addressed some of the issues raised above. See here:<br />http://constitutionallyspeaking.co.za/geoff-budlender-bram-fisher-memorial-lecture/<br /><br /><br />Unfortunately, he chooses to take on the extremist straw men - to be fair there are a few about - and consequently I do not find his argument persuasive. Once again we are presented with, on the one hand, a seemingly all-wise, all-benevolent institution that, on the other hand, is supposedly 'part of the real world': <br /><br />"Judges live in the real world. They read newspapers, watch TV, engage with the chattering classes and notice what is happening around them. When the other institutions of democracy fail to respond to matters such as corruption, the courts move in to fill the vacuum."<br /><br />It is interesting to consider that one could make a similar observation as the basis for a criticism of the judiciary. Apparently "the theory that the executive has a monopoly of wisdom on policy questions, based on a democratic mandate, strikes me as somewhat remote from reality". And yet besides Budlender's comments on the judiciary's positive engagements with society, he has no caveats regarding the weaknesses of the judiciary and its members. These must be wise people indeed.Mfundzahttps://www.blogger.com/profile/17498410911995439998noreply@blogger.com