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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
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.
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- 2002 School of Oriental and African Studies
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