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24 U. Botswana L.J. 3 (2017)

handle is hein.journals/unbotslj24 and id is 1 raw text is: 3 The Role of the Judiciary in Enhancing Constitutional Democracy in Botswana Bonolo Ramadi Dinokopila* ABSTRACT This article highlights the important role that the judiciary has played in safeguarding Botswana k 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 oflaw and separation ofpowers; respect for popular sovereignty; balancing majority and minority rights; treatment of principles of international law; limited government and the institutional and procedural limitation ofpower The judiciary as a constant, has over the years played a central role in fostering constitutional democracy in Botswana. The adjudication ofdisputes by the Courts has not been without challenges as the Courts have been, in some instances, accused offailing toffil 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. 1. INTRODUCTION This article assesses Botswana's adherence to constitutional democracy and points out that a lot of changes have taken place since independence. Most of the developments the country has gone through have had a massive and changing effect on Botswana's adherence to the rule of law, democratic principles and the respect for human rights. For the most part the judiciary has over the years played a central role in fostering constitutional democracy in Botswana and this has not been without challenges. The judiciary has at times been viewed with suspicion by members ofthe community, especially members of the opposition parties, the legal fraternity and the labour movement. There have been instances where the judiciary has been accused of failing to fulfil its * LLD, LLM (University of Pretoria), LL.B (University of Botswana), Senior Lecturer & Head, Department of Law, University of Botswana, Gaborone.