Abstract
<i>Vox Populi? Vox Humbug!</i> – Rising Tension between the South African Executive and Judiciary Considered in Historical Context – Part Two
Highlights
Part One of this article traced the current rising tensions between the South African executive and the judiciary on the question of the separation of powers
A firm separation of powers between the executive and the judiciary is one of the fundamental cornerstones upon which the grand edifice which we call 'liberal constitutional democracy' is built. It is this model of democracy which South Africa adopted in 1994 as the country emerged from the totalitarian grip of apartheid
As the historical examples discussed in this article have shown, a distinguishing feature in the historical development of liberal constitutional democracy has been the fact that the judiciary has won for itself the right to adjudicate and decide upon the extent of its own powers, as well as those of the legislature and the executive
Summary
Part One of this article traced the current rising tensions between the South African executive and the judiciary on the question of the separation of powers. The present situation in South Africa was contrasted and compared with a clash which took place between the executive and judiciary in 17th century England. The broad implications of the clash between the English King James I and his Chief Justice Edward Coke were set out, together with their relevance to present-day South Africa. In Part Two of this article the implications of the clash between James and Coke will be examined in greater detail. The important cases of Prohibitions Del Roy and The Case of Proclamations will be discussed, following which comparisons will be drawn with the current South African situation.
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