Justiciability of Political Questions in South Africa
A Comparative Analysis
- 285 pages
- English
- PDF
- Available on iOS & Android
About this book
Against the backdrop of the increase in the number of cases brought before courts that raise purely political questions, this book advocates for the development of a coherent political question doctrine in South Africa. Through a comparative study of the doctrine's application in the United States, Ghana, Uganda and Nigeria, Mhango argues that the political question doctrine is an appropriate legal mechanism through which South Africa can address this problem. From a comparative perspective, Mhango evaluates the origins and current application of the doctrine in the four countries above and illustrates that their experiences present an opportunity for courts to develop and apply a clear doctrine for South Africa. Mhango contends that at the heart of this development sits the principle of separation of powers, and the imperative to balance the conflict between the principle of judicial review and that of democratic self-government.
Justiciability of Political Questions in South Africa: A Comparative Analysis is of interest to academics in political science and constitutional law.
Frequently asked questions
- Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
- Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.4M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Information
Table of contents
- Preface
- Table of Contents
- Acknowledgements
- List of Abbreviations
- Introduction
- 1 Conceptual Overview
- 2 The Genesis and Modern Application of the Political Question Doctrine in the United States
- 3 Separation of Powers and the Evolution of the Political Question Doctrine in Ghana
- 4 The Application and Evolution of the Political Question Doctrine in Uganda
- 5 The Application and Evolution of the Political Question Doctrine in Nigeria
- 6 The Development and Application of a Comprehensive Political Question Doctrine in South Africa
- 7 The Future of the Political Question Doctrine in South Africa
- Bibliography
- Index