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In recent years the crucial role that the judiciary can play in the protection of human rights has become apparent. The scope of application of human rights protection has been expanding. The argument that economic and social rights should be justiciable has gained wider support; the idea that, as well as States, non-State actors, notably transnational corporations, should be required to respect human rights has gained currency.
Botswana has been affected by these developments. Its Constitution is not in the first flush of youth yet the courts have on occasion shown that it is capable of dynamic interpretation in accordance with contemporary values. It is geographically and culturally close to South Africa, where the scope of judicial protection of human rights has been radically transformed at a fundamental constitutional level.
This book seeks to identify the emerging issues relating to the judicial protection of human rights in Botswana. Most of the contributors are members of the Department of Law of the University of Botswana but they have been joined by others from South Africa and Ireland.