11. The above section verbalises the foundations of the broad inclusive and open entered language anchored around democracy in a constitutional state, the rechtsstaat. 12. The concept of the rechtsstaat, incorporates a number of things that will be outlined below. What is clear however is that the Constitutional Court becomes the watch dog indeed a ferocious watch dog if not a bull dog over the Constitution itself and whether or not it is applied. In Executive Council of Western Cape Legislature & Others v President of South Africa & Others 1995 (4) SA 877 (CC); the South African Constitutional Court in one of its early defined decision put this principle in the following language:~ "Constitutional cases cannot be decided on the basis that Parliament or the President acted in good faith or on the basis that there was no objection to action taken at the time that it was carried out. It is of crucial importance at this early stage of the development of our new Constitutional order to establish respect for the principle of that the Constitution is supreme. The Constitution itself allows this Court to control the consequences of a declaration of invalidity if it should be necessary to do so. Our duty is to declare legislative and executive action which is inconsistent with the Constitution to be invalid, and then to deal with the consequences of the invalidity in accordance with the provisions of the Constitution." 13. Thus the first immediate consequence of Section 2 of the Constitution, is the incorporation of the idea and concept of constitutionalism. This is the notion that government should derive its powers from a written Constitution and that its power should be limited to those set out in the Constitution. The Constitution itself Page 4 of 46 Applicant's Heads of Argument in the matter between: Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared byTendai Biti Law