n South African Journal of Criminal Justice - Constitutional law : recent case

Volume 24, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



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, , that neither the legislature nor the executive may exercise the powers that have been conferred upon them in a manner that is irrational (see 2000 (2) SA 674 (CC)).

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