For more than two centuries the United States supreme court has been a guiding star for constitutional democracies. In 1803 it established the principle of judicial review inHenceforth courts could strike down laws which they found to violate the constitution.
New democracies wrote constitutional supremacy and judicial review into their constitutions. For Germany it was a way out of the rubble of World War II. The Canadian supreme court and South Africa’s constitutional court became contemporary role models. Subscribe to the M&G today for just R30 for the first three months* to gain access to this story and all our best journalism, subscriber-only newsletters, events and a weekly cryptic crossword.
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