Mmegi

Constitutional Court – Is it necessary?

A Constitutional Court would typically be set up to serve as a strong enforcer of a new or amended constitution.. PIC MORERI SEJAKGOMO
A Constitutional Court would typically be set up to serve as a strong enforcer of a new or amended constitution.. PIC MORERI SEJAKGOMO

I write this piece as my contribution to the debate surrounding the establishment of the Constitutional Court and the attendant furore that is all the rage lately in Botswana.

There is no denying that a country’s Constitution is a very important piece of legislation, as it protects fundamental individual rights and freedoms, maintains a balance of power, and helps individuals and businesses safeguard their legal rights and freedoms. A Constitution, in this respect, is a foundation for the laws and institutions of a nation.

Meanwhile, a Constitutional Court is, by definition, a specialised court with jurisdiction over constitutional matters, including judicial review of legislation and adjudication of its constitutionality. Thus, a Constitutional Court would typically be set up to serve as a strong enforcer of a new or amended constitution.

Editor's Comment
Oh what a State funeral!

That rare sight deserves heartfelt praise, not only for President Duma Boko and his administration, but also for the Botswana Democratic Party (BDP), the Umbrella for Democratic Change (UDC), the Mogae family, and the entire country.President Boko’s decision to grant a full state funeral to a man who belonged to a rival party was a mark of true statesmanship. He recognised that national leadership carries a weight that belongs to the whole...

Have a Story? Send Us a tip
arrow up