Corruption and human rights: The role of judicial activism in the ‘fight’ against corruption
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.
- Law