Legislative immobility and judicial activism: the impact on the separation of powers in South Africa
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Date
2013
Authors
Labuschagne, Pieter
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of the Humanities, University of the Free State
Abstract
The division between the legislature/executive and the judiciary in a constitutional state is a very
important, but precarious relationship. It is important that the political arm (legislature/executive)
understand the critical role of the judiciary as custodian of the Constitution within the constitutional
framework. Without the basic respect for and understanding of the role of the judiciary, politicians in
the government can easily frustrate the judiciary primary function to uphold the law and to establish
the rule of law in a country. If the relationship deteriorates and the status of the judiciary is degraded
by the ruling party it will in the long run tarnish the status of the constitutional state and that of the
rule of law in the country. This article deals with the internal process to initiate a private members bill
in parliament with an explanation how easily it can be frustrated by the majority party in the standing
committees and in parliament. The passing of the private members bill could be frustrated by the ruling
party by using their numerical advantage. However, it is also pointed out that the purpose or goal of the
same private members bill could also be reached by other means, such as a ruling by the High Courts.
The article analyse this phenomenon and outlines the potential impact thereof on the principle of the
separation of powers in South Africa.
Description
Keywords
Constitutional state, Judiciary, Legislature, Executive, Supreme Court of Appeal
Citation
Labuschagne, P. (2013). Legislative immobility and judicial activism: the impact on the separation of powers in South Africa. Journal for Contemporary History, 38(1), 126-141.