n South African Journal of Criminal Justice - Constitutional law : recent case
|Article Title||Constitutional law : recent case|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2011|
|Pages||86 - 105|
Section 1 of the Constitution provides that the Republic of South Africa is one sovereign democratic state founded on, amongst others, the principle of 'the rule of law'. This principle has been considered by the Constitutional Court on a number of occasions. In these cases the Court has held, inter alia, that neither the legislature nor the executive may exercise the powers that have been conferred upon them in a manner that is irrational (see Pharmaceutical Manufactures: Ex Parte Application of the President of the RSA 2000 (2) SA 674 (CC)).
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