South Africa’s constitutional democracy reserves a specific role for the judiciary in upholding human rights. This responsibility inevitably has an impact on the formulation and conduct of South Africa’s foreign policy. The constitution is clear in mandating that all public power be exercised in accordance with the rule of law; that it be rational; and that relevant considerations be taken into account and given appropriate weight to ensure informed and accountable decision-making. This is as true for foreign policy as it is for any other type of governmental policy, making it susceptible to judicial scrutiny. It is the constitution that is to be the ‘light that guides our foreign affairs’. (by Nicole Fritz) pdf View file (142.7 kB)
