oa Comparative and International Law Journal of Southern Africa - The justiciability of foreign policy matters under English and South African law

Volume 07, Issue 2
  • ISSN : 0010-4051



The question of the justiciability of foreign policy matters in England and countries sharing her constitutional tradition, such as South Africa, can only be understood in the light of the history of the royal prerogative in general. The Republic of South Africa Constitution Act 1961 puts some of the executive's powers in the sphere of conducting foreign affairs into statutory form, but in a way which leaves no doubt that it merely codifies pre-existing law.

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