Browsing by Author "Naidoo, Sherilyn Shale"

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    Does the lack of sufficient formulation and articulation of principles guiding the limits of the Constitutional Court undermine its legitimacy?
    (2014) Naidoo, Sherilyn Shale; Corder, Hugh
    It is not simply enough to have a separation of powers written on paper. In this paper I shall look at the pragmatic approach adopted by the Constitutional Court when adjudicating upon executive and legislative power in order to ensure its institutional security and legitimacy. I shall evaluate throughout this paper how the lack of sufficiently and consistently formulating and articulating principles that guide the Constitutional Court’s own limits could actually undermine the Court’s legitimacy in our current political climate.