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CONSTITUTIONAL PROTECTION OF THE INDEPENDENCE OF THE JUDICIARY: A SURVEY OF THE POSITION IN SOUTH AFRICA

Published online by Cambridge University Press:  31 March 2017

LOVEMORE MADHUKU
LOVEMORE MADHUKU
Affiliation:
Faculty of Law, University of Zimbabwe
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Abstract

The independence of the judiciary is a logical corollary of the principle of separation of powers in that the vesting of judicial functions in a body of persons separate from the executive and the legislature can only have real meaning if that body of persons is truly independent. Virtually all constitutions pay some regard to the principle of separation of powers and the extent to which a constitution guarantees the independence of the judiciary is usually a good measure of the seriousness with which the principle of separation of powers is taken.

Type
Regular Article
Information
Journal of African Law , Volume 46 , Issue 2 , October 2002 , pp. 232 - 245
Copyright
2002 School of Oriental and African Studies

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