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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication (Hardcover)
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Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication (Hardcover)
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Over the last 25 years, the doctrine of separation of powers has
been established as both a foundational value and a structural
principle applied by the courts in interpreting the relationship
between South Africa's constitutional structures.
Jurisprudentially, the practicalities and contours of how, when and
by whom the separation of powers should be determined has proven to
be controversial. Therefore, the past decade has been characterised
by heightened political contestation, often resulting in extensive
litigation posing thorny political issues. This has had profound
implications for the judiciary and raised difficult questions on
the very nature of South African constitutionalism. These political
contestations gathered even greater momentum and urgency during the
early days of COVID-19 in 2020, when the first iteration of this
book was produced as a special issue of the South African Journal
on Human Rights. This timely volume brings together critical
reflections on developments in South Africa's separation of powers
jurisprudence and theory, the role and function of the judiciary
through its judgments in shaping the landscape of constitutional
politics, as well the implications of this for the consolidation of
South Africa's democratic constitutional project. It makes an
important contribution to the debate on the politics of
constitutional adjudication in light of the doctrine of separation
of powers. This book will be of interest to researchers and
advanced students of politics, history, law and legal theory, human
rights, and African studies.
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