LETTER: The Constitution is the supreme law of the land
Steven Friedman is ‘living in a fairy wonderland’ in which the Constitution works just as is should
Steven Friedman’s column (Why judges’ over-reach is threat to democracy, Business Day, May 17), shows that he is still living in a fairy wonderland where every element of the new Constitution works as it should. As a result, the conclusion to which he comes is nonsense. First of all, the Constitution itself is the supreme law of the land. Everyone, in government in particular, has to carry out their functions in accordance with the law as laid down by the Constitution. And provision is made for three fundamental institutions of this "democratic" Constitution: the Legislature (that is, Parliament, which makes the law and has oversight over the Executive); the Executive (the president and his Cabinet, who give effect to the decisions of Parliament); and the Judiciary (that is, the judges, who oversee and adjudicate on what the other two do). They are separate, and each is supposed to function as a check on the other two. But our constitution has two important defects. First, the way i...
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