It is unfair to blame CJ over dissolution advice

Chief Justice David Marga. [File, Standard]

Constitutional law often presents complex issues that judges have to make decisions about. This is mostly because, unlike most other areas of law, many constitutional cases involve matters of public interest and often tend to have significant implications beyond the parties bringing a constitutional case to court.

One of the greatest challenges in determining constitutional matters is that a constitution is often worded in broad terms or principles. The practice of framing the constitution inflexible language is largely inspired by the fact that constitutions are intended to be near eternal documents and hence there is a need to make sure they are adaptable over time. Adaptability is key because, unlike statutes, changing or amending a constitution is mostly an onerous and complex task.