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Frank I Michelman 61
conditions being that (a) the Court’s attention is actively invited by
someone with standing to invite it (a rather loose but not negligible
condition under your Constitution’s generous provisions on standing),
and (b) (in many but not all cases) the Court sees fit to undertake
review. Such a resolution, I have maintained, has surely been correct
in South African circumstances. A question that remains is whether
the same is necessarily so for every other country. The disadvantages
of a multiple-peaked arrangement are clear and well-understood.
Study of the South African case law may prompt one to think more
seriously than most of us have done hitherto about what its possible
advantages might be, in a country at a different stage in its
constitutional-legal history.