The Role of Law in Resisting Authoritarianism
Lessons from South Africa’s Post-Apartheid Judiciary
Bibliographic Data
| ID | 22257549 |
|---|---|
| Authors | L Mjadu (0009-0004-8182-0218, Walter Sisulu University, corresponding author) |
| Year | 2025 |
| Pages | 843-852 |
| Publication date | 2025-05-13 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | E-Journal of Humanities Arts and Social Sciences (JOURNAL) |
| Journal identifiers | ISSN: 2720-7722 • E-ISSN: 2720-7722 |
| Publisher | Noyam Publishers (PUBLISHER) |
| DOI | 10.38159/ehass.20256614 |
| OpenAlex | W4410345834 |
| Language | EN |
| References cited | 35 |
This article examines the critical role of law in resisting authoritarianism, with a specific focus on South Africa’s post-apartheid judiciary, particularly the Constitutional Court, as a paradigm of judicial independence within a politically charged context. Employing a qualitative methodology that encompasses case studies and comparative analysis, the article investigated how the Constitutional Court has successfully upheld democratic principles while confronting substantial political pressures. The findings indicated that the Constitutional Court has served as a formidable barrier against authoritarian tendencies, effectively reinforcing the rule of law and safeguarding human rights, despite ongoing challenges from political actors. Additionally, the paper provided comparative insights from other African countries where judicial independence is increasingly threatened, revealing varying degrees of success in preserving judicial integrity and the broader implications for governance across the continent. The results highlight the urgent need to strengthen judicial institutions to enhance their resilience against populist pressures and political interference. Recommendations include promoting greater public awareness of the importance of judicial independence and implementing reforms aimed at improving the accountability and transparency of judicial appointments. This paper significantly contributes to the ongoing discourse regarding the essential role of an independent judiciary in protecting democracy and human rights, offering valuable lessons for other nations grappling with similar challenges. Keywords: Judicial Independence, Authoritarianism, South Africa, Constitutional Court, Democracy
Authoritarianism · Democracy · Political economy · Political science · Politics · Sociology · Human Rights and Development · Judicial and Constitutional Studies · Law · Legal Issues in South Africa
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| Citation velocity | historical |
|---|---|
| Highly cited | No |