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The chapter examines the separation of powers doctrine within South Africa's constitutional framework, investigating its implications and practices.

May 24, 2026Open Access

Separation of powers and the dangers of judicial underreach

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The chapter examines the separation of powers doctrine within South Africa's constitutional framework, investigating its implications and practices.
Critique of arguments for a distinctively South African model of separation of powers.
Analogy of homeostasis to illustrate the interaction among the branches of government.
The discussion highlights the necessity of judicial oversight in maintaining balance among government branches.
It proposes a more fluid interpretation of separation of powers to enhance governance.

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This chapter critiques the adoption of a South African model of separation of powers, emphasizing judicial practice and equilibrium in governance.

Human Sciences Research Council (2026) studied this question.

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This chapter critiques the adoption of a South African model of separation of powers, emphasizing judicial practice and equilibrium in governance.