Publication: Corruption and human rights: The role of judicial activism in the ‘fight’ against corruption
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2013
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Abstract
This paper locates the philosophical foundations of corruption and human rights by
examining normative and definitional challenges. It then explores the human rights
implication of corruption and examines how judicial activism can be useful in fighting
institutionalised and legal corruption. By focusing on the principle of equality in access to
public services, the first part of the paper demonstrates the implications of corruption on the
realization of human rights. The second part of the paper examines issues of legal corruption
and mechanisms by which graft corrupts the law making process and compromises the rule of
law. In discussing the implication of corruption on the rule of law, the article maintains that
public interest and human rights considerations should be central to the law making and
interpretation processes.
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Keywords
Corruption,, Legal Corruption,, Rule of Law,, Judicial Activism