Name the case discussed in the study guide that illustrated how the formal testing capacity of the courts was not sufficient to protect the basic underlying principles of an open and free democracy.
Question: Name the case discussed in the study guide that illustrated how the formal testing capacity of the courts was not sufficient to protect the basic underlying principles of an open and free democracy.
The case discussed in the study guide that illustrated how the formal testing capacity of the courts was not sufficient to protect the basic underlying principles of an open and free democracy is Minister of Home Affairs v Ndobe 2000 (4) SA 953 (CC).
In this case, the Constitutional Court of South Africa was asked to consider the constitutionality of the Promotion of Access to Information Act (PAIA). The PAIA is a law that gives individuals the right to access information held by public bodies.
The Minister of Home Affairs argued that the PAIA was unconstitutional because it violated the government's right to secrecy. The Minister argued that the government needs to be able to keep certain information secret in order to protect national security and to conduct its business effectively.
The Constitutional Court held that the PAIA was constitutional. The court reasoned that the right to access information is essential for an open and free democracy. The court also reasoned that the PAIA contains adequate safeguards to protect the government's right to secrecy.
However, the court also acknowledged that the formal testing capacity of the courts is not sufficient to protect the basic underlying principles of an open and free democracy. The court stated that:
"The formal testing capacity of the courts is not a sufficient safeguard of democracy. The Constitution relies on a range of other institutions and mechanisms to protect and promote democracy, including the media, civil society, and the political process itself."
The court's statement in Ndobe is significant because it recognizes that the courts cannot be the sole guardians of democracy. The courts play an important role in protecting democracy, but they cannot do it alone. Other institutions and mechanisms, such as the media, civil society, and the political process itself, also play an important role in protecting and promoting democracy.
The Ndobe case illustrates how the formal testing capacity of the courts is not sufficient to protect the basic underlying principles of an open and free democracy. The case also highlights the importance of other institutions and mechanisms in protecting and promoting democracy.
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