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Justiciability of Political Questions in South Africa

A Comparative Analysis

Justiciability of Political Questions in South Africa
  • Year of publication 2019
  • 284 pages
Author:Mtendeweka Owen Mhango
Series:Democracy and the Rule of Law (volume 9)
Category: Law Constitutional Law and Human Rights
Icon_printbook 978‐94‐6236‐918‐4 | hardcover | 1st edition | € 75.00
Icon_ebook 978‐94‐6274‐076‐1 | ebook | € 75.00

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.

Author's information

Mtendeweka Mhango is Professor of Law in the Faculty of Law at the National University of Lesotho where he teaches constitutional law and jurisprudence. Mtendeweka has published a wide range of articles on constitutional law, and other areas, and has appeared in the South African Parliament a number of times to comment on constitutional issues affecting the country.