Trump’s electoral fiction floats free of verifiable reality. It is defended not so much by facts as by claims that someone else has made some claims. The sensibility is that something must be wrong because I feel it to be wrong, and I know others feel the same way. When political leaders such as Ted Cruz or Jim Jordan spoke like this, what they meant was: You believe my lies, which compels me to repeat them. Social media provides an infinity of apparent evidence for any conviction, especially one seemingly held by a president.
There is no express constitutional provision which requires judges to furnish reasons for their decisions. Nonetheless, in terms of section 1 of the Constitution, the rule of law is one of the founding values of our democratic state, and the judiciary is bound by it. The rule of law undoubtedly requires judges not to act arbitrarily and to be accountable. The manner in which they ordinarily account for their decisions is by furnishing reasons. This serves a number of purposes. It explains to the parties, and to the public at large which has an interest in courts being open and transparent, why a case is decided as it is. It is a discipline which curbs arbitrary judicial decisions. – Justice Richard Goldstone in Mphahlele v First National Bank of South Africa LtdBACK TO TOP