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 ...
Separation of powers isa doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as tocheck and balance check and...
O'Regan K `Checks and Balances Reflections On the Development of the Doctrine of Separation of Powers under the South African Constitution' (2005) PER/PELJ 123O'Regan "Checks and Balances Reflections on the Development of the Doctrine of Separation of Powers under the South African Constitution"...
Labuschagne "The doctrine of separation of powers and its application in South Africa" 2004 Politeia Vol 23, 84 Labuschagne P 2004 "The doctrine of separation of powers and its application in South Africa" Politeia Vol 23 84-102Labuchagne, P. (2004). The doctrine of separation of powers ...
thisdistinctively South African doctrine emerge: chapter 9 Institutionsas a fourth branch of government; the evolving and dynamicrelationship between different branches of government; constitutionaldialogue and participatory democracy; the absence of apolitical question doctrine; and the separation of powers ...
In 1748 that Baron de Montesquieu published 'De L'Esprit des Lois' (the Spirit of the Laws) in which he proposed the doctrine of the trias politica or separation of powers between the executive, legislative and judicial branches of government. This work would have a profound influence on the...
South African judges often caution against judicial encroachment into what they perceive as the exclusive domains of the legislature and the executive. Their caveats stem from the doctrine of separation of powers, which classically divides state authority between the three branches of government. However...