1945

Judicial review of parliamentary actions in South Africa: A nuanced interpretation of the separation of powers

This chapter describes the ways in which the judiciary in South Africa monitors and regulates parliamentary actions according to the prescripts of the Constitution. After briefly addressing the background and current constitutional provisions regulating this area of the law, the chapter discusses the cases which are paradigmatic of the current judicial approach to reviewing parliamentary conduct. It sketches the active yet careful role the judiciary has developed, addresses the limits of judicial intervention and highlights the nuanced interpretation of the doctrine of the separation of powers that characterises the case law on this matter.

Related Subject(s): Democracy and Governance
Countries: South Africa
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