The Role of Constitutional Institutions in Advancing the Rule of Law and Protecting Human Rights

Title of Presentation: The Role of Constitutional Institutions in Advancing the Rule of Law and Protecting Human Rights

Names of all Presenters: Karthy Govender

Short Abstract:

There is an indelible connection between respect for human rights and the rule of law. This paper assesses the efficacy of some of the constitutional institutions set up to safeguard and advance democracy and human rights in South Africa. A constitutional democracy functions optimally when adequate power is afforded to elected representatives on condition that the power is exercised in accordance with the rule of law. The paper emphasises the importance of constitutional constraints on the exercise of public power such as the rule of law and the principle of legality.

The rule of law and respect for human rights depend heavily on the efficacy, independence and competence of these institutions. It is critical that the institutions themselves are developed and enhanced independent of the persons who occupy the highest office at these institutions. These propositions are then illustrated with reference to decided cases and recent events to demons

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