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Cited for the description of universal adult suffrage as one of the foundational values of the constitutional order and the vote as a badge of dignity and…
Cited for the principle of separation of powers and the different roles of the legislative, executive, and judicial branches under the Constitution.
Cited for principles of tolerance and civility and respect for diversity demanded by the Constitution.
Cited for the principle that the Constitution must be interpreted in its textual and historical context.
Cited for the constitutional principle of separation of powers requiring that courts must not interfere in parliamentary processes unless mandated by the…
Cited in support of the proposition that the democracy our Constitution demands is not merely a representative one but is also a participatory democracy.
Cited alongside Mwelase for the court's obligation to act in the interests of justice.
Cited for the principle that the Constitution imposes obligations that must be fulfilled and illustrates the general approach to constitutional obligations.
Applied to hold that this Court has jurisdiction to consider provisions in a statute that have not yet been brought into operation, based on section 172(2)(a)…
Cited for the principle that provisions in the Constitution that appear to be in conflict should be construed in a manner that harmonizes them.
Cited for principles of separation of powers and the appropriate circumstances in which courts may make orders that affect the legislative process.
Extensively considered regarding jurisdiction under section 167(4)(e) and whether the duty to facilitate public involvement is a constitutional obligation. The…
Cited for the principle that the Constitutional Court's jurisdiction to decide on the constitutionality of a bill is limited to circumstances anticipated in…
Followed for the proposition that the phrase 'constitutional obligation' in section 167(4)(e) should be given a narrow meaning to avoid conflict with section…
Cited for the principle that the obligations imposed by the Constitution must be fulfilled and that courts are required to ensure all branches of government…
Cited for the principle that courts should afford a remedy that is not only effective but also seen to be effective to make concrete the founding values of the…
Cited for the principle that consultation in good faith with a view to reach a result is a familiar concept in South African law.
Cited at para 244 (Van der Westhuizen J dissenting) for the principle of consultation in good faith.
Cited for the principle that the legislature must facilitate public involvement in its law-making processes.
Applied to distinguish between conduct involving crucial political questions under section 167(4)(e) (exclusive jurisdiction) and other presidential conduct…
The Court applies principles from Doctors for Life regarding the limits of judicial intervention in the functional independence of other branches of government…
The court cited this case for the proposition that interpretation must give effect to fundamental constitutional values of openness, transparency and…
Court applies this case to construe section 167(4)(e) read with section 172(2)(a) to conclude that 'fulfil a constitutional obligation' should be given a…
Cited for the principle that courts should not encroach on the exclusive domain of the legislature.
Applied the principle that courts must observe constitutional limits and should not interfere in processes of other branches of government unless mandated by…
Applied to define the obligation of Parliament to facilitate public involvement in the legislative process.
Cited for the importance of participation in the parliamentary process and linking participatory and representative democracy.
Cited for the principle that courts must be conscious of the vital limits on judicial authority and that the judiciary should not interfere in the process of…
The court considered pronouncements from this case regarding the distinction between procedural prerequisites and constitutional obligations in determining…
Cited for the principle that courts are the ultimate guardians of the Constitution and have a constitutional obligation to ensure that other branches of…
Court endorses the approach that courts should be loath to interfere with internal proceedings of Parliament unless applicants have attempted to exhaust…
Cited for the distinction between constitutional provisions that impose obligations that are readily ascertainable and those which impose a primary obligation…
This Court held that the Constitution must be read harmoniously.
Applied to determine prematurity; courts intervene in exceptional cases where substantial relief cannot be afforded once the process is completed because the…
Cited for the principle that the Assembly has the constitutional authority to determine and control its internal arrangements, proceedings and procedures.
Applied for the principle that courts must observe constitutional limits of their authority and should not interfere in processes of other branches of…
Cited for the principle that government consists of a partnership between the three spheres of government, governed by principles of cooperative government.
Cited for the values of representative and participatory democracy and the deliberative nature of the National Assembly.
Applied for the principle that the constitutional principle of separation of powers requires other branches of government to refrain from interfering in…
Applied to determine the requirement to facilitate public involvement in legislative processes and the standards of reasonableness.
Cited for the principle that failure to comply with a precondition can affect the validity of legislation and for the general rule that courts intervene after…
Cited alongside Glenister for the principle that courts should not overstep their limits and become overseers of legislative action.
The court cites this case to explain the rationale behind exclusive jurisdiction and the importance of narrow construction of section 167(4).
Applied to set out the duty to facilitate public participation, the test of reasonableness, and the principles governing notice and meaningful participation in…
Court applied principle that provisions in the Constitution should not be construed in conflict with each other; they should be harmonised.
Cited for the principle that courts must be conscious of the vital limits on judicial authority and observe the constitutional limits of their authority,…
Applied as the principal authority on Parliament's duty to facilitate public involvement; distinguished duty from obligation and used to discuss democratic…
Applied extensively for the standards governing the constitutional obligation to facilitate public involvement in legislative processes, including the…
This case is cited for the principle that only this Court may decide on the constitutionality of parliamentary or provincial Bills under section 79 or 121.
Court applies principles from Doctors for Life on standing to challenge legislative procedures, timeliness of challenges, presumption of procedural regularity,…
Ngcobo J's judgment on public access to Parliament as a fundamental part of public involvement in the law-making process is applied.
Distinguished on the basis that public involvement in national legislation differs in scope from the local notice and comment procedure under the Ordinance.
Court cites Doctors for Life regarding constitutional requirement for substantive involvement and engagement of people in political decision-making.
Court applies the principle from this case that the Constitution precludes courts from considering constitutionality of a bill save in limited circumstances…
Cited for the constitutional principle of separation of powers and the structure of government.
Cited for the principle that this Court must be persuaded that the declaration of invalidity was correctly made before confirming it.
The Court cites the approach taken in this case to public consultation in the making of legislation.
Cited to illustrate the importance of participation by the public in a democracy, especially for those who are relatively disempowered.
Extensively cited for principles including: that failure by either House of Parliament to facilitate public involvement means Parliament as a whole has failed;…
Cited for the description of the right to public participation as an 'open-textured programmatic right' that is flexible and changes with ongoing national…
Cited for the characterisation of South African constitutional democracy as representative and participatory.
Cited for the principle that public participation requires providing reasonable opportunity for interested and affected parties to influence decisions.
Cited for the principle that in constitutional standing under section 38, an applicant needs only to allege that an infringement or threat to infringe a Bill…
Cited for the proposition that the Constitutional Court occupies a special place in the constitutional order as the highest court on constitutional matters and…
The Court endorsed the Supreme Court of Appeal decision and held that it alone has jurisdiction to determine whether Parliament has fulfilled its obligation to…