@article{2015:krger:the_ebb_an,
title = {The Ebb and Flow of the Separation of Powers in South African Constitutional Law – the Glenister Litigation Campaign},
year = {2015},
note = {This article considers the application of the doctrine of separation
of powers by the South African judiciary in a series of judgments
flowing from applications and appeals concerning the disbanding of a
specialised crime-fighting unit, the Directorate of Special Operations
(‘DSO’, colloquially known as ‘the Scorpions’) and the
establishment of another unit, the Directorate of Priority Crimes
(‘DCPI’, colloquially known as ‘the Hawks’) through
legislative enactment.  It traces the judiciary’s stance on the
separation of powers in the different stages of the litigation -
before, during and after the conclusion of the legislative process. 
It does so against the background of South African precedent on the
doctrine and in the light of a perceived power imbalance between the
branches of government.  Ultimately, it questions the appropriateness
of the current understanding of the doctrine of separation of powers
in the context of a dominant-party democracy.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {49--64},
author = {Krüger, Rosaan},
volume = {48},
number = {1}
}