Browsing by Subject "Judicial independence"
Now showing items 1-5 of 5
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The constitutional impact of strategic litigation in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2016)The broad focus of the thesis is an analysis of the constitutional limits to strategic litigation involving the state. The first chapter outlines the background of the study and defines the concept of strategic litigation. ... -
Defending the absurd: the Iconoclast's guide to section 47(1) of the Superior Courts Act 10 of 2013
(2014)This contribution was intended as a defence of section 25(1) of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the ... -
The independence of South African judges: a constitutional and legislative perspective
(2015)Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ... -
Judicial oversight and the constitution: is the South African judiciary overstepping its jurisdiction?
(North-West University (South Africa) Mafikeng Campus, 2016)The South African government derives its legal existence from the Constitution of the Republic of South Africa, 1996. This Constitution was adopted to end legislative supremacy, state impunity and racial inequality. The ... -
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 ...