APPLICATION OF JUDICIAL REVIEW IN SOUTH AFRICA

This article examines the pivotal role of judicial review in upholding constitutional democracy and protecting fundamental rights in post-apartheid South Africa. It traces the historical evolution of judicial review, from the constraints of the apartheid era to its transformative impact under the Constitution of the Republic of South Africa, 1996. The article explores key constitutional provisions and landmark cases that have shaped the judiciary’s authority to scrutinize legislation and executive actions. It highlights the contemporary significance of judicial review in safeguarding individual rights, promoting social justice, and ensuring governmental accountability. The article also addresses challenges faced by the judiciary, such as access to justice, enforcement of court decisions, and the need to balance activism with restraint. It concludes by emphasizing the enduring relevance of judicial review in South Africa’s ongoing journey towards a more just and equitable society, while acknowledging the dynamic nature of the legal landscape and the importance of continuous dialogue and reflection on the role of the judiciary in shaping the nation’s constitutional democracy.