oa Comparative and International Law Journal of Southern Africa - Aspects of judicial review in Southern Africa

Volume 15, Issue 3
  • ISSN : 0010-4051



The Buthelezi Commission Report suggests that a new political order might be established for the Natal/KwaZulu region on the basis of a new constitutional arrangement. The Report suggests that certain constitutional checks and balances of power be introduced, and among those suggested are a bill of rights and a "totally independent judiciary" under which "all legislation would be testable in courts." Although the Report draws attention but briefly to the subject of judicial review of legislation, discussion of this feature of it has relevance beyond the borders of Natal/KwaZulu and will hopefully stimulate interest in this important dimension of constitutionalism. In this article the author's remarks on the subject go beyond the geographical and political parameters of the Report, in support of those concerned with the future of greater Southern Africa.

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