ABSTRACT

Introduction Some degree of judicial intervention in politics is an inevitable consequence of the adoption of a supremelaw Bill of Rights. The political branches’ power to allocate resources, however, is conventionally thought to be beyond ‘the limits of adjudication’.1 Judges, the standard argument runs, are neither mandated nor institutionally equipped to undertake the complex economic and interest-balancing inquiries that inform the allocation of public resources. It is therefore unwise to give them the power to review decisions taken by the political branches in this area, and foolish for judges to assume this power when they are not compelled to do so.