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In the South African constitutional scheme, which "recognises the separation of powers, holds high the rule of law and enjoins all organs of State to protect the Constitution", the Constitutional Court has "the special and onerous responsibility" to determine the constitutionality of legislation, and the evidence and argument of government is ...
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
Glenister v President of the Republic of South Africa and Others, often known as Glenister I, is a 2008 decision of the Constitutional Court of South Africa on the separation of powers and the scope of judicial review.
President of the Republic of South Africa and Another v Hugo is a 1997 decision of the Constitutional Court of South Africa.The court affirmed that the exercise of presidential prerogative powers is subject to judicial review, but it nonetheless found that President Nelson Mandela had acted fairly and lawfully in pardoning imprisoned mothers, but not imprisoned fathers, in a June 1994 ...
Glenister v President of the Republic of South Africa and Others, often known as Glenister II, is a 2011 decision of the Constitutional Court of South Africa, in which the court held that the state is constitutionally obligated to establish and maintain an independent agency to combat corruption.
South Africa has a single national court system, and the administration of justice is the responsibility of the national government. At present the jurisdictional boundaries of the High Courts do not correspond entirely with the provincial boundaries; the Superior Courts Bill currently before Parliament will rationalise the courts so that there ...