COURT VERSUS LEGISLATURE IN THE UNION OF SOUTH AFRICA: THE ASSERTION OF A RIGHT OF JUDICIAL REVIEW

Authors

  • EDWARD MCWHINNEY

Abstract

Harris Case No. 2, the latest decision in a series concerning the right of judicial review, was comprised of the separate opinions of five judges of the Appellate Division of the Cape Provincial Division of the Supreme Court of South Africa. The author considers the significance of each opinion to the development of constitutional jurisprudence in South Africa, focusing on what he calls the key assumption behind each of the opinions—that there is a power in the courts of law of South Africa to comment on, and if necessary strike down, legislation dealing with the qualifications of voters in the Cape Province when it is not passed in accordance with the requirements of the South Africa Act. His purpose is to uncover the justifications offered by each of the five judges in support of this proposition.

Keywords:

Administration of Justice, Courts, South Africa

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Published

1953-01-01

Issue

Section

Legal Commentary