Quote of the week

As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
17 October 2011

All over America, GOP-led legislatures are pushing to impeachstate judges. Lawmakers in Iowa, Massachusetts, Missouri, Oklahoma, New Jersey and Pennsylvania have moved in on the judicial branch, the most infamous of these crusades being the effort in Iowa to oust those state supreme court judges who voted in favor of same-sex marriage. Evidently that is still a “high crime or misdemeanor” to some. It’s one thing for politicians to seek out impeachment proceedings that are sui generis. But now legislators are including specific impeachment language in the text of their statutes. In Arizona, New Hampshire and Virginia, rump Republican lawmakers this year introduced bills making it an impeachable offense for judges to make rulings on FOIA requests or to merely cite international law. There’s a legal term-of-art for such efforts: it’s called “bat-shit crazy.” – Andrew Cohen in The Atlantic

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