ABSTRACT
This chapter addresses the politics of adjudication, spanning both a normative argument and a positive assessment of how an ideal constitutional court should operate in a lawfare climate to achieve effectiveness and responsiveness. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance. The chapter looks at how effectively the apex court in South Africa has navigated the judicialisation of politics and operated in hostile conditions with increasing non-compliance with its orders to maintain judicial resilience.
