The Nicholson judgement : an exercise in law and politics

Show simple item record Klaaren, Jonathan Roux, Theunis 2011-01-12T08:54:10Z 2011-01-12T08:54:10Z 2010-04
dc.description.abstract The Nicholson judgment was clearly a precipitating factor in the resignation of former South African President Thabo Mbeki in 2008. Engaging with the judgment in its own terms, this note first puts forward a best legal interpretation of the judgment, covering the doctrines of prosecutorial independence and legitimate expectations. It then identifies the degree to which the comment in the judgment may be termed politically activist. In the authors’ view, Nicholson tackled political issues in his judgment that he need not have: in particular, allegations of executive interference in the independence of the prosecutions authority. Assuming that Nicholson J’s text may be read as an attempt to bolster the legitimacy of the judiciary, the note explores whether it succeeds on those terms and concludes that the judgment is ultimately an example of failed dramatic art. en_US
dc.identifier.citation Klaaren, J & Roux, T 2010, 'The Nicholson judgement : an exercise in law and politics', Journal of African Law, vol. 54, no. 1, pp. 143-155. [] en_US
dc.identifier.issn 0021-8553
dc.identifier.other 10.1017/S0021855309990209
dc.language.iso en en_US
dc.publisher Cambridge University Press en_US
dc.rights © School of Oriental and African Studies, 2010. en_US
dc.subject Nicholson judgement en_US
dc.subject Law and politics en_US
dc.title The Nicholson judgement : an exercise in law and politics en_US
dc.type Article en_US

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