The nexus between
ADL & ConLaw
A twin relationship
, The constituent parts of the cultu
of
justification
The rule of law and separation of powers
“ […] the rule of law and the separation of powers […] are foundational cornerstones of the C
An infringement of those basic principles underpinning the Constitution are just as justic
infringement of the fundamental rights and freedoms contained in Chapter 3 of the Cons
of Rights).” – CRAN v Telecom, SC, par. 22.
Constitutional supremacy
“All law [and conduct] must comply with the Constitution, and to the extent it does not, is liable
declared invalid. Article 1(6) of the Constitution is the so-called ‘Supremacy Clause”- Ibid.
The principle of legality (PoL)
“Where the exercise of a public power is not an administrative action, that exercise of power m
challenged under any provision of the Constitution as a violation of the constitutional princip
legality.” – Pharmaceutical Manufactures case, SA ConCourt, 2000
For example: “[…] , it would appear that the legislature intended that the internal
would not amount to administrative action contemplated by Art 18 but remain subject to l
given the supremacy of the Constitution. Swartbooi case, SC, par. 56.
ADL & ConLaw
A twin relationship
, The constituent parts of the cultu
of
justification
The rule of law and separation of powers
“ […] the rule of law and the separation of powers […] are foundational cornerstones of the C
An infringement of those basic principles underpinning the Constitution are just as justic
infringement of the fundamental rights and freedoms contained in Chapter 3 of the Cons
of Rights).” – CRAN v Telecom, SC, par. 22.
Constitutional supremacy
“All law [and conduct] must comply with the Constitution, and to the extent it does not, is liable
declared invalid. Article 1(6) of the Constitution is the so-called ‘Supremacy Clause”- Ibid.
The principle of legality (PoL)
“Where the exercise of a public power is not an administrative action, that exercise of power m
challenged under any provision of the Constitution as a violation of the constitutional princip
legality.” – Pharmaceutical Manufactures case, SA ConCourt, 2000
For example: “[…] , it would appear that the legislature intended that the internal
would not amount to administrative action contemplated by Art 18 but remain subject to l
given the supremacy of the Constitution. Swartbooi case, SC, par. 56.
