Browsing PER: Potchefstroom Electronic Law Journal by Subject "Separation of powers"
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Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa
(2014)The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately ... -
Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)
(PER/PELJ, 2021)In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part one
(2012)This article takes as its starting point a controversy which has arisen around a proposed assessment by the South African government of the decisions of the Constitutional Court, giving rise to concerns that this will ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part two
(2012)Part One of this article traced rising tensions between the South African executive and the judiciary on the question of the separation of powers. This situation was then contrasted and compared with a clash which took ... -
When the judiciary flouts separation of powers: attenuating the credibility of the national prosecuting authority
(2015)The stature of the National Prosecuting Authority (NPA) has been subverted through highly publicised political interference by the executive. Beginning with the marathon legal entanglements of the current South African ...