Quote of the week

An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.

Plasket AJ
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
13 March 2007

Dworkin: US and UK fall short on democracy

In a new book famous legal academic Ronald Dworkin argues that the conditions of genuine democracy are far from met in the US, the UK and other mature self-styled democracies. He explains his argument in an interesting article in today’s Guardian newspaper.

These conditions can easily be set out in very abstract terms. Government must respect human rights, it must respect religious freedom and other forms of freedom of conscience, it must distribute its wealth so as to give everyone a fair stake in its economy and, above all, it must conduct its elections and other political procedures argumentatively so that each citizen is treated as someone worth convincing not just outvoting.

The United States fails by all these standards, and Britain does not do much better. We fail most dramatically in the character of our politics. Our politicians treat us as ignorant consumers; they entertain us with slogans and sound bites rather than arguments. In America, a very pessimistic explanation of this degraded politics is now fashionable. Americans are supposedly divided into two radically opposed cultures: the red culture that wants its religion public, drinks beer, lives in the middle, and votes Republican, and the blue culture that keeps its religion (if any) private, drinks white wine, lives on the coasts and votes Democratic. Genuine argument requires some common ground from which argument can start, and the conventional wisdom now holds that these two cultures are so fundamentally divided, in every respect, that there is no common ground. Politics is doomed to be war by other means.

Do we qualify as a genuine democracy? Given our racial history and the ingrained attitudes of both those who had power and those who now have it, is it possible to say that we have that common ground needed for a real discussion?

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