- Title
- Limits of the Judiciary in the separation of powers in South Africa
- Creator
- Qikani, Siphokazi
- Subject
- Judiciary and law
- Date Issued
- 2022-08
- Date
- 2022-08
- Type
- Masters theses
- Type
- text
- Identifier
- http://hdl.handle.net/11260/9460
- Identifier
- vital:73539
- Description
- The Constitution of the Republic of South Africa, 1996 is the supreme law of the Republic and obligations imposed by it must be fulfilled. The laws of the country and government action draw their validity from the Constitution. The Constitution entrenches principles that ensure democratic processes which promote the objectives, spirit and purport of the Constitution. Separation of powers is one of such principles. Separation of powers is the doctrine that proposes division of power between the legislative, executive, and judicial branches of government. The Constitution confers legislative power to parliament, executive power to the executive and judicial power to the courts. In the South African context of separation of powers, the role of each branch of government is not always clearly defined and sometimes gains perspective as courts interpret parliamentary legislations and executive policies. The Court’s role and limitations in the interpretation of laws often come under scrutiny and bring confusion as to what extent can courts intervene in matters purely left to other branches of government. The current study explores the meaning, implications and practical application of the doctrine of separation of powers by courts. The study pays particular attention to the role and the limits of the Judiciary within the context of separation of powers in South Africa, with the hope of bringing greater clarity of this doctrine to lawyers, academics, government officials and society at large. Keywords: constitutional supremacy, rule of law, separation of powers, legislature, executive, judiciary, judicial intervention.
- Description
- Thesis (Masters) -- Faculty of Humanities Social Sciences and Law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (131 pages)
- Format
- Publisher
- Walter Sisulu University
- Publisher
- Faculty of Humanities Social Sciences and Law
- Language
- English
- Rights
- Walter Sisulu University
- Rights
- All Rights Reserved
- Rights
- Open Access
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | QIKANI SIPHOKAZI.pdf | 929 KB | Adobe Acrobat PDF | View Details Download |