Judgment Reviews Law at Lesotho
Lesotho's judicial review framework is a critical component of its constitutional democracy, enabling courts to assess the legality and constitutionality of governmental actions. While not as extensively developed as in some jurisdictions, Lesotho's approach to judicial review reflects its legal traditions and constitutional principles.
⚖️ Constitutional Basis and Judicial Review
The Constitution of Lesotho, adopted in 1993 and revised in 2018, establishes the judiciary's role in upholding the rule of law. Section 2 declares the Constitution as the supreme law, stipulating that any law inconsistent with it is void to the extent of the inconsistency. This supremacy clause empowers the judiciary to review legislative and executive actions that may contravene constitutional provisions.
The High Court, as the primary judicial authority, possesses supervisory jurisdiction over subordinate courts and tribunals, as well as the authority to hear appeals from lower courts. Section 130 of the Constitution grants the High Court jurisdiction over appeals, while Section 131 allows the Chief Justice to make rules regulating the practice and procedure of the High Court. Additionally, the Court of Appeal serves as the highest appellate court, with jurisdiction conferred by the Constitution and other laws.
🧾 Judicial Review in Practice
Judicial review in Lesotho is grounded in common law principles, particularly the grounds of illegality, irrationality, and procedural impropriety, as articulated in the landmark UK case Council of Civil Service Unions v Minister for the Civil Service (CCSU) These grounds have been adopted by Lesotho's courts to assess the legality of administrative and legislative actions A notable example is the 2024 ruling by the Court of Appeal, which declared the Ninth Amendment to the Constitution unconstitutional The amendment had prohibited the Prime Minister from advising the King to dissolve Parliament following a vote of no confidence The court found that the amendment undermined democratic principles and the constitutional role of the King, thereby violating the Constitution's supremacy clause administrative law, the High Court has exercised judicial review to address issues of fairness and legality For instance, in Attorney General v Boloetse/Tuke (2022), the Court affirmed that individuals have standing to challenge executive actions, such as the declaration of a state of emergency, on constitutional grounds
⚠️ Limitations and Challenges
Despite the constitutional foundation for judicial review, Lesotho's legal system faces challenges in its application
Deference to Legislature:Courts often exhibit deference to the legislative process, influenced by the common law principle of non-intervention in parliamentary matters This deference has led to limited judicial scrutiny of legislative actions
Inconsistent Application:The scope and consistency of judicial review have varied, with some cases being more rigorously examined than others This inconsistency can undermine the predictability and reliability of judicial review
Resource Constraints:Limited resources and capacity within the judiciary can impede the thorough examination of complex constitutional issues, affecting the effectiveness of judicial review
🧭 Conclusion
Lesotho's judicial review system plays a vital role in maintaining constitutional order and protecting individual right. While challenges exist, recent cases demonstrate the judiciary's commitment to upholding the Constitutio. Ongoing efforts to strengthen judicial independence and capacity are essential for enhancing the effectiveness of judicial review in Lesoth.
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