January 26, 2012
Chaskalson on Constitutionalism and Administrative Law
"It is probably inevitable that there should be some tension between judges and politicians in a country like ours where the Constitution entrenches the rule of law, and makes provision for an independent judiciary, and judicial review of legislative and executive action. This is inherent in the separation of powers . . ."
The "county like ours" is South Africa and the speaker is former Arthur Chaskalson. Chaskalson, pictured right with Nelson Mandela, was a drafter of the South African Constitution and Chief Justice of the South African Constitutional Court,
While certainly steeped in the South Africa Constitution, Chaskalson's recent speech, reproduced as an essay on Pierre de Vos' Constitutionally Speaking, is worth a read for all constitutionalists.
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