Separation of powers and the dangers of judicial underreach
SOURCE: Making institutions work in South Africa
OUTPUT TYPE: Chapter in Monograph
PUBLICATION YEAR: 2021
TITLE AUTHOR(S): M.Cosser, N.Bohler-Muller, G.Pienaar
SOURCE EDITOR(S): D.Plaatjies
KEYWORDS: DEMOCRACY, LAW, POWER DYNAMICS, SOUTH AFRICA
DEPARTMENT: Developmental, Capable and Ethical State (DCES)
Print: HSRC Library: shelf number 11928
HANDLE: 20.500.11910/15951
URI: http://hdl.handle.net/20.500.11910/15951
OUTPUT TYPE: Chapter in Monograph
PUBLICATION YEAR: 2021
TITLE AUTHOR(S): M.Cosser, N.Bohler-Muller, G.Pienaar
SOURCE EDITOR(S): D.Plaatjies
KEYWORDS: DEMOCRACY, LAW, POWER DYNAMICS, SOUTH AFRICA
DEPARTMENT: Developmental, Capable and Ethical State (DCES)
Print: HSRC Library: shelf number 11928
HANDLE: 20.500.11910/15951
URI: http://hdl.handle.net/20.500.11910/15951
If you would like to obtain a copy of this Research Output, please contact Hanlie Baudin at researchoutputs@hsrc.ac.za.
Abstract
This chapter takes a closer look at the institutionalisation of the doctrine of separation of powers within the context of South Africa's constitutional democracy. After delving into the meaning of the doctrine, we critique the argument for a distinctively South African model of separation of powers to be adopted and consider the doctrine of separation of powers and judicial practice in SER cases. We then use the analogy of homeostasis to describe the operation of the three branches of the state in relation to one another and to the whole. In other words, if one branch of the state exercises its powers beyond what is expected of it, a reaction by another branch of the state will tend to reintroduce equilibrium into the equation, thus emphasising the interdependence of the branches of government and the need for a more fluid interpretation of the doctrine of separation of powers.-
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