limiting the power of government in that it imposes structural and procedural limitations on power. Secondly, particularly through the Bill of Rights, it limits the exercise of such power. 14. Thus the point emphasised in the above case 1s the concept that constitutionalism demands that any law or conduct that is not in accordance with the Constitution for procedural or substantive factors will be held invalid. See also State v Makwanyane 1995 (3) SA 391. 15. That is why the most important power that the Constitutional Court has is that of judicial review that is to say the power to overturn legislation or administrative executive actions on the basis that they are in fact unconstitutional. 16. The second constituent component of the supremacy of the Constitution is clearly the doctrine of the rule of law in the wide sense propounded by Dicey. 17. The Dicey concept of the rule of law requires that the same is to protect individual by requiring the State to act in accordance with clear and general rules that are enforced by the impartial courts in accordance with fair procedures. 1 18. In South Africa, the Constitutional Court have accepted the concept of the rule of law by simply holding that the State's conduct must be rationally related to government purposes. The leading case on the subject matter is clearly the case of Pharmaceutical Manufactures Association of Sout/1 Africa: In re ex parte President of Republic of South Africa 2000 (2) SA 674 (CC); 19. 1 At paragraph 50 the Constitutional Court stated as follows:~ AV Dicey: An Introduction to the Study of Law of the Constitution 101h Edition (1959}. Page 5 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared by Tendai Biti Law

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