Overview

Over the last half century, courts have come to play increasingly important roles in democracies. That role is studied by historians, political scientists, constitutional lawyers and political theorists, but it is also important to all who are concerned about the practice and future of democracy. This book explores why it is that courts are playing this expanded role, as well as exploring two of the most distinctive features of the role of courts: their relationship with the executive arm of government and the role of courts in protecting fundamental rights. The book argues that the role played by courts in modern democracies varies across time and place and depends on a range of factors including constitutional text, constitutional history, and legal and political culture. This book draws on Justice O'Regan's experience as one of the first judges on South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994.

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9781009545792

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Justice Catherine O'Regan served as one of the first eleven judges of South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994. Her fifteen-year term ran from 1994 – 2009. Since her term on the Court ended, she has served as an ad hoc judge of the Namibian Supreme Court (2010 – 2016), and as the Chairperson of the United Nations Internal Justice Council (2008 – 2012), as well as serving as a judge on several international tribunals. Since 2016, she has been and professor of human rights law and inaugural Director of the Bonavero Institute of Human Rights in the Faculty of Law at the University of Oxford.

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