Browsing by Author "Powell, Cathy"

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    The meaning of institutional independence in Van Rooyen v the state
    (2004) Franco, Jane; Powell, Cathy
    In Van Rooyen & Others v The State & Others (General Council of the Bar Intervening) 2002 (5) SA 246 (CC) (hereinafter referred to as Van Rooyen (CC)),the Constitutional Court found that magistrates’ courts are sufficiently independent largely because the High Courts are able to protect the lower courts from executive interference through the mechanism of judicial review. Apart from providing an overview of the case as a whole, this note analyses the Constitutional Court’s reliance on judicial review in detail, suggesting that the central role accorded to judicial review betrays an inadequate theoretical conception of institutional independence.