Constitutionalism in Botswana: a valiant attempt at judicial activism: Part two (continued)

Tradition-wise the Batswana believe in participatory government or government by popular discussion and consensus. But how participatory is the central government structure? How efficient are its input and feedback circuits? To what extent does the independence constitution promote participatory dem...

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Bibliographic Details
Published in:The Comparative and international law journal of southern Africa 1984-03, Vol.17 (1), p.49-64
Main Author: Sanders, AJGM
Format: Article
Language:English
Subjects:
Appellate courts
Bill of Rights
Botswana
Botswana Constitution
Chief justice
Common law
Court of Appeal
Criminals
Fundamental rights
Independence constitution
Judicial activism
Judicial system
Judiciary
Reformulation
Statutory interpretation
Trials
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Summary:Tradition-wise the Batswana believe in participatory government or government by popular discussion and consensus. But how participatory is the central government structure? How efficient are its input and feedback circuits? To what extent does the independence constitution promote participatory democracy? This article argues that the country's Bill of Rights does not sufficiently conform to the traditional communal spirit of the country's society. It is possible that the emphasis could be too heavily on the individual as an individual rather than a member of society. A reformulation of the content of the constitutionally protected rights might well make the case for their protection more attractive.
ISSN:0010-4051
2522-3062