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)
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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