ABSTRACT

This chapter makes the connection between the judicialisation of politics and the politicisation of adjudication. The primary consequence of the judicialisation of politics is the exposure of the judiciary to political attack and the potential for a backlash against the Court. A politically dominant party in an antagonistic relationship can easily implement measures that threaten the independence of the Court. This chapter provides a detailed overview of the South African ruling party's aggression towards the Constitutional Court. In sketching a broad overview of increasing instances of impunified disregard for the law and non-compliance with court orders by those in political power, this chapter stresses the erosion of a rule of law culture in South Africa.