ABSTRACT

This chapter focuses on the politics of adjudication examining how the court navigates the judicialisation of politics and what political strategies it must undertake to maintain the integrity and appearance of an impartial and apolitical institution. This chapter surveys the conditions of judicial effectiveness looking at how the Court's decisions are to be respected, accepted and implemented. In observing the limits of institutional competencies, the pronounced challenges to effective remedial action are revealed. The ability to ensure compliance to achieve authoritative legitimacy is markedly tested when overlaid with the characteristics of the judicialisation of politics.