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In the last couple of months, the courts have made numerous rulings some that have rubbed the Executive the wrong way. Some of these decisions are critical in regaining long lost trust in the Judiciary as an independent arm of government. But many, especially the politically tainted ones, exhibit the courts’ extreme naivety of the true dynamics of law and real-politic.
To their credit, the courts have on many occasions exhibited brilliance when “legislating” by defining the true meaning of the Constitution or determining whether laws passed by Parliament are unconstitutional. The most recent of such occasions arose in last weeks’ decision declaring some parts of the Public Audit Act unconstitutional.
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