Corruption and Human Rights: The Role of Judicial Activism in the 'Fight' Against Corruption

17 Pages Posted: 13 Oct 2015 Last revised: 10 Nov 2016

See all articles by David Ngira

David Ngira

Utrecht University, School of Law

Date Written: October 7, 2015

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 lawmaking 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 lawmaking and interpretation processes.

Keywords: Corruption, Legal Corruption, Rule of Law, Judicial Activism

Suggested Citation

Ngira, David, Corruption and Human Rights: The Role of Judicial Activism in the 'Fight' Against Corruption (October 7, 2015). Available at SSRN: https://ssrn.com/abstract=2670770 or http://dx.doi.org/10.2139/ssrn.2670770

David Ngira (Contact Author)

Utrecht University, School of Law ( email )

Utrecht
Netherlands

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