¹ 1913 TPD 530, at 534.

² See Kerr, A.J. and Grogan, J.. “Subordinate legislation pronounced ultra vires: valid or invalid”, (1990) 107 S.A.L.J. 574 which was a critical discussion of S v. Guild Painters and Decorators (Pty) Ltd & others 1990 (1) SA 760 (C)Google Scholar

³ See, for example the interference with bail jurisdiction through the Criminal Procedure and Evidence Amendment Act 1 of 1992 and the comment on it by Kaseke, B.S., “Abuse of the legislative function: the Criminal Procedure and Evidence Amendment Act 1 of 1992”, (1996) 8 Legal Forum 43; and the amendment of the Constitution in the aftermath of the Supreme Court's “adverse” ruling on corporal punishment.Google Scholar

⁴ See the remarks of Hiemstra, C.J., in Smith v. Attorney General Bophuthatswana 1984 (1) SA 196 (B), at 201Google Scholar and Friedman, J., in S v. Ramgobin & others 1985 (3) SA 587 (B), at 588.Google Scholar

⁵ [1995] P.L. 68

⁶ See Commissioners of Customs & Excise v. Cure & Deeley Ltd [1961] 3 All E.R. 641.Google Scholar

⁷ See Kentridge, S. “Parliamentary supremacy and the judiciary under a Bill of Rights: some lessons from the Commonwealth”, [1997] P.L. 96;Google ScholarSarkin, J. “The political role of the South African Constitutional Court”, (1997) 114 S.A.L.J. 134.Google Scholar

⁸ See Burmah Oil Co v. Lord Advocate [1965] A.C. 75 and the controversy sparked by that judgment: Goodhart, A.L. “The Burmah Oil case and the War Damage Act of 1965”, (1966) 82 L.Q.R. 97Google Scholar and Allan, T. “The limits of parliamentary sovereignty”, [1985] P.L. 614.Google Scholar

⁹ 1996 (1) S.A. 69 (T).Google Scholar

¹⁰ 1995 (10) BCLR 1289 (CC).Google Scholar