1st Edition

Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication

Edited By Sanele Sibanda Copyright 2023
134 Pages
by Routledge

134 Pages
by Routledge

134 Pages
by Routledge

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.... Read more

1. Introduction

Sanele Sibanda

2. Separation of powers and the institutional supremacy of the Constitutional Court over Parliament and the executive

Felix Dube

3. The judicialisation of politics in South Africa: A critique of the emerging trend

Hoolo Nyane

4. Esoteric decision-making: Judicial responses to the judicialisation of politics, the Constitutional Court and EFF II

Lauren Gildenhuys

5. Are judicial monitoring institutions a legitimate remedy for addressing systemic socioeconomic rights violations?

Ropafadzo Maphosa

6. Designing remedies for a recalcitrant administration

Gaurav Mukherjee and Juha Tuovinen

Biography

Sanele Sibanda is a senior lecturer in the Department of Jurisprudence, University of Pretoria, South Africa. He is a critical scholar in the areas of constitutionalism, jurisprudence, constitutional law and theory, and Indigenous law. He is an editor of the South African Journal of Human Rights. He holds a PhD degree from the University of the Witwatersrand.