The ebb and flow of the separation of powers in South African constitutional law – the Glenister litigation campaign

Krüger, Rósaan

Title: The ebb and flow of the separation of powers in South African constitutional law – the Glenister litigation campaign
Creator: Krüger, Rósaan
Date: 2015
Type: text
Type: article
Identifier: http://hdl.handle.net/10962/71103
Identifier: vital:29784
Identifier: https://doi.org/10.5771/0506-7286-2015-1-49
Description: This article considers the application of the doctrine of separation of powers by the South African judiciary in a series of judgments flowing from applications and appeals concerning the disbanding of a specialised crime-fighting unit, the Directorate of Special Operations (‘DSO’, colloquially known as ‘the Scorpions’) and the establishment of another unit, the Directorate of Priority Crimes (‘DCPI’, colloquially known as ‘the Hawks’) through legislative enactment. It traces the judiciary’s stance on the separation of powers in the different stages of the litigation - before, during and after the conclusion of the legislative process. It does so against the background of South African precedent on the doctrine and in the light of a perceived power imbalance between the branches of government. Ultimately, it questions the appropriateness of the current understanding of the doctrine of separation of powers in the context of a dominant-party democracy.
Format: 16 pages, pdf
Language: English
Relation: VRÜ Verfassung und Recht in Übersee, Krüger, R., 2015. The Ebb and Flow of the Separation of Powers in South African Constitutional Law – the Glenister Litigation Campaign. VRÜ Verfassung und Recht in Übersee, 48(1), pp.49-64., VRÜ Verfassung und Recht in Übersee volume 48 number 1 49 64 2015 0506-7286
Rights: Nomos
Rights: The use of this resource is governed by the terms and conditions of the Nomos eLibrary (https://www.nomos-elibrary.de/about?l=en.)

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Kruger, Rosaan (Dr)

RU Department of Law

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