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One-party dominance and democratic constitutionalism in South Africa

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McEldowney, John F. (2013) One-party dominance and democratic constitutionalism in South Africa. Tydskrif vir die Suid-Afrikaanse Reg (Number 2). pp. 269-291. ISSN 0257-7747.

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Abstract

How can the rule of law be upheld if an elected government is dominated by one political party that misuses power or seeks to act in an authoritarian manner? Elected government is formed out of one political party, or more than one in the case of a coalition. In either case one-party dominance is a term generally used to describe the phenomenon of repeated electoral victories of one political party or grouping because of either ethnic or religious allegiances. It may simply also occur as a result of the culture of party politics of the country. The phenomenon of a dominant party system is also based on expectations that only one party will win and this influences the way in which that one party governs. The phenomenon of one-party dominance occurs in otherwise completely democratic countries where it is not expected to happen and is seen as an anomaly to the way democracy is expected to work. One-party political dominance raises concerns about accountability whenever there is a discernible tendency towards authoritarian decisions. This may take the form of "a majority tyranny", where the majority may not listen to or take account of minorities and rights. The executive may seek to abuse or misuse its powers; it may make decisions through administrative or executive discretion and may ultimately seek to use legislation to legalise its illegality or abuses

Item Type: Journal Article
Divisions: Faculty of Social Sciences > School of Law
Journal or Publication Title: Tydskrif vir die Suid-Afrikaanse Reg
Publisher: Juta & Company Ltd.
ISSN: 0257-7747
Official Date: 2013
Dates:
DateEvent
2013Published
Number: Number 2
Page Range: pp. 269-291
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
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