Actualité et enseignements de la Cour constitutionnelle d'Afrique du Sud - RDE 07-242
| Auteur | Laurin Yves |
La Cour constitutionnelle sud-africaine, née en 1994, est composée de 11 juges. Sa création participe du mouvement favorable au contrôle de la loi par le juge, souvent associé à la notion de "judicial review" et à l'existence d'un pouvoir judiciaire. Cet apport a modifié profondément le système judiciaire sud-africain dont l'architecture restait encore fidèle à celle du Royaume-Uni. La Cour peut être saisie par toute personne, qu'elle a préalablement admise à agir, d'une demande aux fins d'annulation d'une disposition législative soit directement par voie d'action, soit par voie d'exception. La prééminence de la Cour constitutionnelle est encore marquée par la nécessité d'obtenir de sa part la confirmation de toute décision d'une juridiction inférieure invalidant un texte de loi pour que l'inconstitutionnalité qui a été jugée reçoive force exécutoire. Elle peut rendre des "orders"...
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