In terms of the 1996 Constitution, legislation may only be challenged by a government authority, which could then possibly lead to amendments or removal of legislation by parliament.

All countries have a written constitution contained in a single document which sets out the standards that are used to protect the individual against the abuse of state power.

The separation of state powers in three branches of government with specific functions is essential in a democratic state, because it ensures that the powers of state organs are kept in check.

The concept of ubuntu is explicitly mentioned in the 1996 Constitution where the courts regularly apply the concept in their interpretation in the Bill of Rights.