Freedom Under Law, in warning the Constitutional Court is under severe strain, takes a look at how other countries do it.
With the Constitutional Court buckling under its heavy caseload, a comparative analysis of apex courts in other jurisdictions reveals that the Concourt’s difficulties are partly the result of institutional design rather than unavoidable circumstance.
This came to light in a report issued this week by Freedom Under Law (FUL), which states that the Constitutional Court is facing mounting institutional strain that threatens its ability to fulfil its constitutional role effectively.
The report, titled “A review of the Constitutional Court’s jurisdiction and operating practices in light of its increased workload and consequential delays”, examines how a dramatic rise in appeals, growing backlogs, and procedural inefficiencies have placed the country’s apex court under increasing pressure.
FUL says the issue is no longer simply one of administrative delay, but one that risks undermining the Constitutional Court’s ability to act as the ultimate guardian of the rule of law.
