Abstract

One of the innovative aspects of the 1982 Constitution Act, as regards its interpretation by the Supreme Court, is that it empowers the constitutional judges to intervene in all matters concerning defence of the rights and freedoms of persons, as well as all issues concerning the division of powers. The Court's new role has been criticised on the grounds that a non-representative organ cannot operate as some sort of "super-legislator". The essay analyses various emerging aspects of this new judicial dynamism, and of these criticisms, also as regards the procedure by which the Supreme Court is formed, given that a number of political parties and a section of public opinion want the closer involvement of the Provinces in the appointment of judges.