Kritarchy

Sachs and others rejected the idea that the Constitutional Court of South Africa, on which he sat, was a dikastocracy; using the name to denote what they asserted the Court not to be.[4] It was used in a 1996 Court opinion that rejected the "horizontal" application (between citizens as opposed to "vertical" application between citizens and the government) of the RSA constitution's Bill of Rights and warned that "horizontal" application would turn the republic into such a dikastocracy.[5]

Others have similarly used this as an inverse definition to denote what they assert their form of government is not. Supreme Court of the United States justice Stanley Forman Reed, the last dissenter to be convinced in the decision on Brown v. Board of Education used kritarchy as the name for the judicial activism that he initially dissented from, asking his clerk (John Fassett) who argued with the direction to write a dissenting opinion whether he (Fassett) favoured a kritarchy.[6][7] Fassett was unfamiliar with the word, and Reed told him to look it up.[6][7] Fassett could not find it in several dictionaries, finally locating it in the Oxford English Dictionary.[6][7]

This form of rule (in the non-Biblical sense) is the case of Somalia, ruled by judges with the polycentric legal tradition of xeer.[8] The definition employed by Michael van Notten (based upon on one by Frank van Dun[9]) is not, strictly, that of rule by judges, judges not being a formal political class but rather people selected at random to perform that task ad hoc; but rather is that of a legal and political system whose closest analogue in other societies is that of a system based entirely upon customary rather than statutory law.[10] Van Notten himself argues that with few exceptions, the system of government which he denotes a kritarchy is "harmonious with the concept of natural law" and "very close to what in philosophy might be called 'the natural order of human beings'".[10]