Judicial constitutional review in Namibia, South Africa and the USA

Abstract

None provided. The following is taken from the author's Introduction:

There are two major models of constitutional review, namely the USA model and the Austrian model. The former is considered to be decentralised and the latter centralised. The two models will be discussed in detail herein

A comparative analysis is embarked upon to highlight the similarities and differences in the constitutional review systems of the three states. The decided cases in each state will clearly demonstrate the practical application of the judicial constitutional review powers and the impact they have in the upholding of fundamental rights in a constitutional democracy

The judiciary in each of the states comprises a hierarchical court structure with the courts having different levels of jurisdictions. Regard will also be had herein to the specific statutory enactments as well as the relevant constitutional provisions which deal with the hierarchy and jurisdiction of the courts to hear, adjudicate and review legislation which is wholly or in part repugnant to the supreme law of the state