ABSTRACT
In this introductory chapter, lawfare is defined and the plasticity of lawfare as a concept is examined. The various permutations of lawfare are outlined and the characterisation of lawfare as it has come to be understood in the South African context is laid out. The landscape and climate of South Africa's constitutional democracy are presented, situating the discussion of judicial politics and legitimacy, noting the role and responsibilities of the South Africa Constitutional Court and the failings of accountability in a dominant party democracy. In this space, lawfare foists a more active and expansive role onto the Court and judicialisation of politics is embraced to counter the democratic erosion. This chapter details the study's approach to exploring the relationship between lawfare and judicial legitimacy and offers a breakdown of what is covered in each chapter. Finally, it introduces the theoretical position that will be advanced in this book: that lawfare dragging the court into politics is undermining the very legitimacy on which it depends and is a danger to institutional resilience. It argues that these issues must be addressed through the lens of a multi-dimensional understanding of legitimacy, paradox and systems thinking.
