TRIAS POLITICA & SPHERES OF GOVERNMENT Flashcards
THE LEGISLATIVE: THE PARLIAMENT, NATIONAL ASSEMBLY & NATIONAL COUNCIL OF PROVINCES [CHAP 4 OF CONSTI]
the legislative (parliament) is responsible for making the laws & passing bills according to the constitution
the legislative is voted for by the nation to represents & oversee adherence to values of human dignity, equality, non-racism & sexism, adherence to all rights in Bill of Rights & over see the implementation
it ensures impartial accessibility & effectiveness of the judiciary & state institutions
legislation formulates, debate & pass legislation & also provides a forum with public inclusion & watch over executive arm of gov.
THE EXECUTIVE AUTHORITY: CABINET & PROVINCIAL EXECUTIVE COUNCILS
The Cabinet consists of the President, the Deputy President and Ministers.
The President appoints Deputy President, Ministers and Deputy Ministers, assigns their powers and functions, and may dismiss them.
He or she is elected by the National Assembly from among its members and leads the country in the interest of national unity, in accordance with the Constitution and the law.
The executive are empowered to implement legislation, develop and implement policy, direct and co-ordinate the work of the government departments, prepare and initiate legislation and perform other functions as called for by the Constitution or legislation
THE JUDICIAL AUTHORITY: COURTS OF SA & JUDGES
The Office of the Chief Justice derives its mandate of providing support to the Chief Justice as the head of the Judiciary from Section 165 (6) of the Constitution, read together with the Superior Courts Act of 2013.
It provides support to the judiciary to ensure that it remains independent, accessible and effective in promoting accountability and fighting corruption.
The Constitution provides for the independence of the Judiciary and protects judicial independence by prohibiting any interference with the functioning of the courts.
It further imposes a duty on organs of state to assist and protect the courts to ensure, amongst other things, their independence, impartiality and efficiency.
Furthermore, the Constitution as amended in 2013, formalises the Chief Justice as the head of the Judiciary and entrusts him with the responsibility for the establishment and monitoring of norms and standards for the judicial functions of all courts.
It also designates the Constitutional Court as the highest court in all matters.
The judiciary have to interpret the law.
The judiciary has an important role in safeguarding and protecting the Constitution and its values and in ensuring the consolidation of democracy and the realisation of a better life for all.
It does this through its constitutionally entrenched judicial authority
TRIAS POLITICA
