Westminster Model Of Constitution
South Africa is a tremendously remarkable country with all its transformation and provocation through history. From the Third War of Dispossession between the Khoi-San of the colonial authorities, the introduction of the Hottentot Proclamation, the establishment of a new system of government for the Cape by Advocate A de Mist, the British occupy the Cape for a second time and of course the Cape Slave Trade Law. Besides the Dutch, the British also made a mark in the Cape. One of the most indelible things the British brought to the Cape was the Westminster model of the Constitution.
The Westminster model of constitution was derived in Britain, with the second occupation of the British at the Cape in 1806, the Westminster model was transferred to South Africa. The model evolved over time by common law, statutes and case laws L. Maquthu Introduction to Constitutional law (unpublished lectures notes, UKZN,2016). One of the most significant traits that this model holds is parliamentary sovereignty. This implies that the parliament has the authority to make and repeal laws at their whim and pleasure so to suit them. The parliament will then have the supreme authority in the land, other government institution such as the executive and judiciary are not endowed with the power to …show more content…
Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). This implied that the constitution is the highest law in the land and is the ultimate source of all law and lawful exercise of authority. In this way the court must invalidate any law that is inconsistent with the constitution. The judiciary hold the testing power (judicial review). Judicial review is counter-majoritarian because it gives unelected judges the power to declare laws made by democratically elected legislatures invalid L. Maquthu Introduction to Constitutional law (unpublished lectures notes,
The Westminster model of constitution was derived in Britain, with the second occupation of the British at the Cape in 1806, the Westminster model was transferred to South Africa. The model evolved over time by common law, statutes and case laws L. Maquthu Introduction to Constitutional law (unpublished lectures notes, UKZN,2016). One of the most significant traits that this model holds is parliamentary sovereignty. This implies that the parliament has the authority to make and repeal laws at their whim and pleasure so to suit them. The parliament will then have the supreme authority in the land, other government institution such as the executive and judiciary are not endowed with the power to …show more content…
Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). This implied that the constitution is the highest law in the land and is the ultimate source of all law and lawful exercise of authority. In this way the court must invalidate any law that is inconsistent with the constitution. The judiciary hold the testing power (judicial review). Judicial review is counter-majoritarian because it gives unelected judges the power to declare laws made by democratically elected legislatures invalid L. Maquthu Introduction to Constitutional law (unpublished lectures notes,