Regulation by charter
DOI link for Regulation by charter
Regulation by charter book
Two different principles of governance underpin the election systems in most modern democracies – the one-person–one-vote doctrine and the rule of law. While these principles are related, they tend to challenge judges, who play a key role in regulating elections, to harmonise the sometimes competing pressures. Courts balance these considerations using a variety of methods; this chapter examines the approach taken in the Republic of South Africa – a diverse, modern democracy where the judiciary explicitly relies on the terms of the Constitution to resolve claims. Using different illustrations of its election law decisions, this chapter demonstrates the Constitutional Court of South Africa’s approach of regulation by the charter.