The Role of the Judiciary in Enhancing Constitutional Democracy in Botswana

Abstract

This article highlights the important role that the judiciary has played in safeguarding Botswana’s constitutional democracy. This role is primarily located in and can be discerned from the courts’ decisions as well as the legal framework establishing the judiciary. When assessing the courts’ role in enhancing constitutional democracy consideration must be given to judicial decisions on issues relating to the rule of law and separation of powers; respect for popular sovereignty; balancing majority and minority rights; treatment of principles of international law; limited government and the institutional and procedural limitation of power. The judiciary as a constant, has over the years played a central role in fostering constitutional democracy in Botswana. The adjudication of disputes by the Courts has not been without challenges as the Courts have been, in some instances, accused of failing to fulfi l their mandate. In this work, decisions of the Higher Courts in Botswana will be used as a barometer for assessing the extent to which they have been instrumental in
safeguarding constitutional democracy.