100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025; 100% TRUSTED Complete, trusted solutions and explanations. R47,68
Add to cart

Exam (elaborations)

CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025; 100% TRUSTED Complete, trusted solutions and explanations.

 0 purchase

CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025; 100% TRUSTED Complete, trusted solutions and explanations.

Preview 3 out of 23  pages

  • January 24, 2025
  • 23
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:
All documents for this subject (16)
avatar-seller
MasterVincent
,CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester
1 2025 - DUE March 2025; 100% TRUSTED Complete,
trusted solutions and explanations.
Question 1 At paragraph 218 of the judgment in Economic
Freedom Fighters & Others v Speaker of the National Assembly
& Others 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC),
Jafta J states: The divergence of views in this matter flows
solely from different interpretations assigned to section 89 of the
Constitution. This is not novel. It happens frequently in courts
presided over by panels of Judges. But what is unprecedented is
the suggestion that the construction of the section embraced by
the majority here constitutes “a textbook case of judicial
overreach.” 2.1 What concept or doctrine is being referred to in
the context of “judicial overreach”? Discuss fully, with
reference to appropriate case law to justify your answer. Provide
your own opinion on whether the judgment in this case does
constitute judicial overreach. (18)


The concept of "judicial overreach" refers to the situation where
the judiciary extends its authority or influence beyond its proper
constitutional role, often by making decisions that encroach
upon the powers and responsibilities of the executive or
legislature. In simple terms, it involves judges going beyond
interpreting and applying the law to effectively making or
changing laws, or interfering with the policy-making process of
the other branches of government.
Judicial Overreach: Concept and Doctrine

, Judicial overreach generally arises when the courts interpret or
apply the law in a manner that is seen as intruding into the
domain of the executive or legislature. This concept is most
often discussed in constitutional law and relates to the balance of
power between the branches of government. Under the principle
of separation of powers, each branch of government has distinct
functions and powers, and the judiciary is generally tasked with
interpreting and applying the law, rather than creating or altering
it.
Overreach typically occurs when courts are seen to be stepping
into areas that are traditionally reserved for the legislative or
executive branches. In cases of judicial overreach, courts might,
for example, declare legislation unconstitutional or make
decisions that require the executive to act in ways that go
beyond mere judicial interpretation. The judiciary may also
overstep by creating new legal standards or making far-reaching
decisions that involve policy choices better left to elected
officials.
Key Case Law on Judicial Overreach
To explore judicial overreach more thoroughly, we can look at
several key cases that have grappled with the issue:
1. Judicial Overreach and Separation of Powers:
o S v Makwanyane (1995) – This case involved the

death penalty and the Constitutional Court’s
interpretation of the Constitution. The Court held that
the death penalty was unconstitutional. While the
judgment was widely celebrated for protecting human
rights, some critics argued that the Court had

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller MasterVincent. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R47,68. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

71941 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 15 years now

Start selling
R47,68
  • (0)
Add to cart
Added