Transcription of Chapter 12 Separation of Powers
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Chapter 12 Separation of Powers
Chapter 12 Separation of PowersSebastian Seedorf & Sanele and Conceptual Framework of the Separation of Powers Doctrine(a)'Power arrests power : the historical development of the idea of separated Powers (b)Constitutionalism, 'checks and balances and the 'pure form of Separation of Powers (c)The different forms of Separation of of Powers under the South African Constitution(a) Separation of Powers in the Interim Constitution and the ConstitutionalPrinciples(b) Separation of Powers in the Final Constitution(i)The legislature and the executive(ii)The judiciary(iii)Independent constitutional institutions(c)Beyond the text: Separation of Powers as a living doctrine(i)A distinctively South African model of Separation of Powers (ii)Justiciability of the Separation of Powers principle(d)Emerging general principles and doctrines of Separation of Powers (i)Legislature, executive and judiciary between pre-eminent domains and checks and balances(aa)A pre-eminent domain for each branch of government(bb)The availability of checks and balances(ii)Judicial review and the Separation of Powers
The separation of powers falls on the procedural side, although its purpose is related to substantive interests: it is a means to ensure the protection of individual rights by way of the distribution of political power between different institutional actors, and
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