Given the main elements of judicial restraint and also given the idea of judicial interpretation, do you think courts are generally able to balance the two rules for the appropriate role of the judiciary noted above? Are there times when courts should defer to more democratic institutions? Are there times when courts should play a role in defining the law? Defend your answer by articulating what you think to be the case and whether democracy ought to be able to live with judicial review.
In the Green Paper, it has been argued that change is needed in SA's international
migration policy.
This change is needed because of many recent developments in the
country, region and the world.
Identify and discuss one of these developments. Then, decide whether the Green Paper
either does or does not succeed in responding to this development. Justify your
response.