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Periodical article | Leiden University catalogue | WorldCat |
Title: | The separation of powers in the South African constitution |
Author: | Langa, Pius N. |
Year: | 2006 |
Periodical: | South African Journal on Human Rights |
Volume: | 22 |
Issue: | 1 |
Pages: | 2-9 |
Language: | English |
Geographic term: | South Africa |
Subjects: | separation of powers judicial system |
External link: | https://doi.org/10.1080/19962126.2006.11864878 |
Abstract: | When the interim Constitution came into force in South Africa in 1994, it reversed decades of colonial and apartheid policies of racial fragmentation and marked the beginning of a new legal order. Whereas previously the combination of the executive and Parliament had exercised a virtual monopoly of power, this was replaced with a system where the Constitution became the supreme law of the land and any law or conduct inconsistent with it was invalid. The Constitutional Court now has a primary role in safeguarding the rule of law and the supremacy of the Constitution. Its attitude towards the doctrine of separation of powers can be gleaned from the Court's judgments, which are briefly discussed. Comparison with the separation of powers in the United Kingdom and the United States of America puts the South African situation in context. The article is the text of a paper delivered at a symposium marking the retirement of Chief Justice Chaskalson, held at the University of the Witwatersrand Law School, 24-25 November 2005. Two other papers presented at the symposium are also included: The separation of powers: an American perspective, by Margaret H. Marshall (p. 10-20) and Judicial review in a time of terrorism: business as usual, by Michael Kirby (p. 21-46). Notes, ref. [ASC Leiden abstract] |