The Balance Between Robust Constitutionalism and the Democratic Process

Venue: Melbourne Law School, Law 106

Presenters: Deputy Chief Justice Dikgang Moseneke

As an anti-apartheid activist, the principle of ‘one person one vote’ was central to Dikgang Moseneke’s democratic demands. Now in his role as Deputy Chief Justice of the Republic of South Africa, Moseneke seeks to find equilibrium between the democratic will of the people and the supremacy of the Constitution. While critics of the Constitution question its legitimacy, Moseneke holds that constitutional supremacy protects against abuses of public power and creates a government that is more consistent, just and responsive.

Reflecting on recent events in South Africa and internationally, Deputy Chief Justice Moseneke examines the balance between the democratic process and robust constitutionalism.

The Honourable Dikgang Moseneke was jailed at the age of 15 for participating in anti-apartheid activities. In the ten years that he was detained on Robben Island, Moseneke befriended other activists—including Nelson Mandela—also imprisoned for their fight against the apartheid regime. While in prison he studied for degrees in Arts and B. Iuris from the University of South Africa, both of which were conferred while he was a prisoner. Moseneke later received an LLB from the same university. When the first democratic elections were held in 1994, Moseneke was appointed Deputy Chairman of the Independent Electoral Commission. Following a period in the corporate sector, Moseneke was appointed a judge of the Constitutional Court in 2002, becoming Deputy Chief Justice of the Republic of South Africa in 2005.

from
https://events.unimelb.edu.au/events/6875-the-balance-between-robust-constitutionalism-and-the-democratic-process