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Chapter 49 Sentencing and Punishment
sanctions.5 South African courts have signalled their acceptance of, though perhaps not fully embraced, the proposition that positive, constitutionally derived duties with respect to criminal sanctions may be placed on the State.6 The courts have also indicated that such duties may extend to sentencing and punishment.
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Chapter 12 Separation of Powers
constitutionallawofsouthafrica.co.zajurisdiction. Separation of public powers is, in short, separation of public institutions (legislature, executive and judiciary) and of public functions, i e the making of law, law application and execution, and dispute resolution. Functional distribution leads to specialization and this, in turn, enhances state efficiency — the second rationale
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