ABSTRACT
Participation through politics is an ancient pastime, but during most of what passes for modern civilisation, the judiciary has been seen as a necessary antidote to politicians selling the pass. This is at least as great a likelihood as it ever was, but as soon as participation is seen in an expanded context, the field on which the judiciary can be expected to play must almost certainly expand. If social and material well being is a pre-condition of effective participation in various levels of community living, then it has to be guaranteed within the framework of the constitution. The debate then becomes whether politicians alone can be trusted to furnish the preconditions for participation, or whether participation rights need a more institutional and far sighted degree of constitutional protection. This is the battleground of ‘law or politics’.
