June 30, 2024Law and WorldOpen Access

The Rule of Law Through Judicial Activism in South Africa

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Judicial intervention occurs within the framework of separation of powers, affecting governance in South Africa.
The courts often face tension with other government branches, specifically the legislature and executive, regarding their roles.
Assessment of judicial roles is crucial for maintaining the balance of power among government branches in South Africa's constitutional framework, especially when encroachment is perceived by some parties involved in governance. While the judiciary guards the rule of law, it must navigate the intricate dynamics of governmental relationships, each with its distinct authority.

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This article examines judicial intervention's role and limits in governance, highlighting constitutional challenges in South Africa.

A 2024 study studied this question.

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