The Judicial Protection of Human Rights
A Comparative Analysis of the Zimbabwean and South African Approaches
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The recognition of human rights protection by the judiciary is a fundamental concept of human rights protection on the international and national forums. It is generally conceived that the effective functioning of the judiciary lies in its independence. Political interference has been noted as a factor that hampers judicial independence in most jurisdictions around the world. Such is the construction that has befallen judicial independence in Zimbabwe. As a result the judiciary has failed to impartially protect human rights. Therefore, the aim of this research is to proffer recommendations tha...
The recognition of human rights protection by the judiciary is a fundamental concept of human rights protection on the international and national forums. It is generally conceived that the effective functioning of the judiciary lies in its independence. Political interference has been noted as a factor that hampers judicial independence in most jurisdictions around the world. Such is the construction that has befallen judicial independence in Zimbabwe. As a result the judiciary has failed to impartially protect human rights. Therefore, the aim of this research is to proffer recommendations that may improve the judicial protection of human rights in Zimbabwe. To achieve the above aim, the protection of human rights by the judiciary through the use of the Constitution and case law with reference to international law is analysed. The role of the judiciary with regards to the protection of human rights is extensively scrutinised. A comparative study with the judicial protection of human rights in South Africa is undertaken. This is done to investigate any lessons that can be learned or adopted to improve human rights protection in Zimbabwe.
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