The doctrine of separation of powers sabar.co.za（三权分立原则sabar.co.za）.pdf

The doctrine of separation of powers (a South African perspective)* by Judge Phineas M Mojapelo, Deputy Judge President of the Southern Gauteng High Court 11 .. IntroductionIntroduction 1 . Introduction 11 .. IntroductionIntroduction This paper seeks to discuss the import and impact of the doctrine The meaning of separation of powers in United States of America of separation of powers (‘the doctrine’) in South Africa. It discusses and France shows a variety of meanings. The concept may mean the meaning of the doctrine, its origin, historical development, at least three different things: its main objectives (in line with the writer’s views), its place in (a) That the same person should not form part of more than our Constitution and its application by the Constitutional Court. one of the three organs of government, for example, that The doctrine is discussed in the context of seeking to contribute ministers should not sit in parliament; towards a debate on whether there is an off-side rule in its practical (b) that one organ of government should not control or interfere application. A brief comparative overview of the some foreign with the work of another, for example, that the executive should constitutions on the doctrine is presented as a prelude to the not interfere in judicial decisions; conclusion proposed. (c) that one organ of government should not exercise the functions of another, for example, that ministers should not