ABSTRACT

The question principally deals with the issue of where executive power lies within our constitution today. We are said to have a constitution based upon the concept of parliamentary sovereignty, therefore the power of the executive needs to be considered in relation to the legislature. In addition, this accountability of the executive to the legislature for the governing of the State now needs to be considered within the context of the membership of the European Union. A new development within our constitution, seeking to redress the centralisation of power to the executive, has been been that of judicial review.