Representing the poor: Law, poverty and democracy
Date
2011
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
JUTA
Abstract
ENGLISH ABSTRACT : The article juxtaposes two judicial understandings of democracy in relation to their implications
for the poor. Some constitutional judgments conceive of democracy in formal terms as the capacity of
duly elected legislatures to enact law within their constitutional area of competence. These judgments
are loath to impose requirements that would guarantee the participatory nature of the lawmaking
process, and reluctant to raise questions about the ruling party’s use of their numerical majority to
stifle political opposition or shield officials from legislative oversight. Other judgments conceive
of democracy in dialogic, participatory and pluralistic terms. It is argued that this second judicial
conception of democracy is better placed to challenge laws and practices which effectively insulate
social and political power from mechanisms designed to promote democratic accountability, or allow
the wealthy and powerful to pass off their particular interests as the common good. This vision of
democracy needs to be supplemented with a better understanding of the ways in which electoral
rules and the party system tend to intersect with inequality, corruption and patronage to entrench the
exclusion and silencing of the poor.
Description
Keywords
Democracy -- South Africa, Poor -- South Africa, Constitutional law -- South Africa, Courts -- South Africa
Citation
Botha, H. 2011. Representing the poor: law, poverty and democracy. Stellenbosch law review, (3): 521-541.