Evaluating the Commitment of South Africa to the Principles of Separation of Powers

Evans Sakyi Boadu ()
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Evans Sakyi Boadu: University of the Western Cape

A chapter in Democracy and Political Governance in South Africa, 2023, pp 37-57 from Springer

Abstract: Abstract The notion of separation of power is a crucial prerequisite for both consolidated and emerging constitutional democracies. The functional and structural divisions between the three branches of government in every democratic state are embedded in the concept of separation of powers. South Africa having negotiated a new constitution that gave birth to a constitutional democracy in postapartheid, the idea of separation and balancing of power was ingrained into the laws enacted by the state. Despite the misgivings surrounding the practical application of the concept, the country has made some strides in defending the letter and spirit of the 1996 Constitution by upholding the doctrine of separation of power and rule of law through a functioning government, independent judiciary, and effective parliament. Thus, this chapter unpacked the commitment of South Africa toward the tenets of separation of power. The study highlighted that the institutional and procedural structures have inspired cooperative government and checks and balances among the branches of government. Moreover, the structural and procedural partitions of public powers coupled with oversight responsibilities and veto powers have increased the assurance of the public in the three branches of government. The study emphasized that the emerging democracy in South Africa could be further consolidated if the branches of government remain committed to the tenets of separation of power.

Keywords: Arms of government; Constitutional democracy; Separation of power; South Africa (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:aaechp:978-3-031-16313-5_3

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DOI: 10.1007/978-3-031-16313-5_3

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