Open AccessTHE EASY WAY OUT? CONSTITUTIONAL AVOIDANCE AND ITS IMPACT ON HUMAN RIGHT ENFORCEMENT IN BOTSWANA
Author(s) -
Kago K.Y. Boiki
Publication year - 2019
Publication title -
pretoria student law review
Language(s) - English
Resource type - Journals
ISSN - 1998-0280
DOI - 10.29053/pslr.v13i.1862
Subject(s) - doctrine , constitution , human rights , political science , enforcement , law , constitutional review , constitutional law , constitutional right , law and economics , sociology
This article seeks to examine the doctrine of constitutional avoidance and assess whether it has had an impact on the protection of Human Rights in BotswanaBotswana through the courts. This article will begin with the definition the doctrine of constitutional avoidance. This will be followed by an overview of Botswana’s constitution and its Human Rights framework. The article will then go on to discuss the application of constitutional avoidance in Botswana, highlighting some case law that has been instrumental in the development of the doctrine of constitutional avoidance.