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

The doctrine of separation of powers has been a controversial issue in South Africa's constitutionalism, with heightened political contestation and extensive litigation. This book examines developments in South Africa's separation of powers jurisprudence and theory, the role and function of the judiciary, and the implications for the consolidation of South Africa's democratic constitutional project. It is of interest to researchers and advanced students of politics, history, law, legal theory, human rights, and African studies.

Format: Hardback
Length: 126 pages
Publication date: 26 December 2022
Publisher: Taylor & Francis Ltd

Over the past quarter-century, the doctrine of separation of powers has emerged as a fundamental value and a guiding structural principle in interpreting the relationship between South Africa's constitutional frameworks. Jurisprudentially, the practicalities and contours of how, when, and by whom the separation of powers should be determined have proven to be contentious, leading to heightened political contestation and extensive litigation that raise thorny political issues. This has had profound implications for the judiciary and has raised difficult questions about the very nature of South African constitutionalism.

These political contestations gained even greater momentum and urgency during the early days of the COVID-19 pandemic 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, and the implications of this for the consolidation of South Africa's democratic constitutional project. It makes an important contribution to the ongoing debate on the politics of constitutional adjudication in the context of the separation of powers doctrine.

This book will be of interest to researchers and advanced students of politics, history, law, legal theory, human rights, and African studies.

Weight: 408g
Dimension: 246 x 174 (mm)
ISBN-13: 9781032329758