The Judical Officer - Dec 07 - Joasa.org.za

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This Interim Constitution was later replaced by the “new” or “final” Constitution. This
new Constitution took effect on 4 February 1997 and it asserts that the Constitution is
the supreme law of the Republic.
Since it is said that the doctrine of parliamentary supremacy was replaced by the
doctrine of constitutional supremacy, the latter prompts us to take a closer look at the
concept of constitutional supremacy supremacy. supremacy
2.2 2.2 Constitutional Constitutional supremacy
supremacy
Constitutional supremacy means that the Constitution of Country A, is the supreme law
or lex fundamentalis of this Country A (Botha 1998:15-16).
The concept of constitutional supremacy is closely related to the the principle principle of
constitutionalism
constitutionalism.
constitutionalism
2.3 2.3 What What is the principle of of constit constitutionalism
constit
utionalism utionalism? utionalism
The principle of constitutionalism – or the Rule of Law, which also equates with the
principle of legality – means that the government of Country A is compelled to govern
in accordance with the Constitution of the said Country A.
A true democracy demands full recognition of the principle of constitutionalism.
2.4 2.4 Full Full recognition recognition of of the the principle principle of of constitutionalism
constitutionalism
Full recognition of the principle of constitutionalism requires that the Constitution both
* prescribes a procedure for passing legislation (i.e. an Act); and
* contains a Bill of (Human) Rights against which the contents of the mentioned
legislation can be tested.