Racialism in law is incompatible with the Rule of Law – JACQUES JONKER
The Rule of Law was mostly absent during Apartheid when a system of parliamentary supremacy elevated the state's effectively absolute power above all else. It was this disregard for the Rule of Law that enabled the National Party to commit racist crimes against humanity. The transition to a constitutionally supreme democracy, however, ensured that the supremacy of the Rule of Law is enshrined in the 1996 Constitution as a founding value, and is supreme along with the Constitution itself.
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Publish date: 17 June 2020
The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation.