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HAS THE SOUTH AFRICAN CONSTITUTIONAL COURT OVER-REACHED? A STUDY OF THE COURT’S APPLICATION OF THE SEPARATION OF POWERS DOCTRINE BETWEEN 2009 AND 2013

15 Oct 2014 - 11:30

This study surveys the jurisprudence of the Constitutional Court between 2009 and 2013, with specific reference to the Court’s treatment of the doctrine of the separation of powers, and the principle of the appropriate level of deference to be given by the Court to other branches of government. They study suggests that the cases surveyed do not reveal a pattern of the Court systematically failing to have proper regard to the principle of deference and the doctrine of the separation of powers, and that judgements which might seem intrusive into the domain of other branches of government must be assessed in the context of the Court’s constitutional mandate, which vests it with significant powers of review.

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