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In a land mark study of government in the Third Reich[1] , Ernst Fraenkel distinguished between the normative and positive state. His thesis has been given ...

The Parliamentary Support Structure

Parliament has an entire support structure comprising of two supporting offices, two branches and an administration. The employees of the support structure are ...

The Political Economy Of The Economic Reconstruction And Recovery Plan

The government’s economic policy cards are on the table. Government policy attempts to achieve two goals simultaneously: to ward off an impending fiscal ...

The Presidential Address To The Nation: 21 April 2020

This brief sets out the key features and implications of the President’s address on 21 April 2020.

The prospects of legal challenges to the 2021 local government elections

This brief considers the prospects of a successful legal challenge to the 2021 local government elections. It does so by drawing insights from the ...

The Public Protector Impeachment Process: How The Enquiry Resumes

This brief examines the judgement of the Constitutional Court on the constitutionality of the rules adopted by the National Assembly for the removal of heads ...

The Public Protector, The Committee And The Courts – What To Do With The Judicial Findings?

This brief explores the constitutional role of the Section 194 Committee tasked with establishing whether Public Protector Adv Busisiwe Mkhwebane has committed ...

The Public Sector Wage Dispute: Understanding the judgment of the Labour Appeal Court

This brief considers and evaluates the reasoning of the Labour Appeal Court in the public sector wage dispute and considers the implications of its judgment, ...

The regulations adopted for Level 4 of the national state of disaster and their implications

This brief deals with the nature of the Level 4 regulations and their economic, legal and political implications

The Silence of the Constitutionalists

In this brief, Matthew Kruger reflects on the suspension of democratic power and subordination of transformative goals during the last year of lockdown. After ...