Question
In a constitutional state the government is constrained by the Constitution and shall govern only according to its terms, subject to its limitations and only
"In a constitutional state the government is constrained by the Constitution and shall govern only according to its terms, subject to its limitations and only for the agreed powers and agreed purposes. But it means much more. It is a wonderfully complex and rich theory of political organisation. It is a composite of different historical practises and philosophical traditions. There are structural limitations and procedural guarantees that limit the exercise of state power." Per Leon AJA in the case of Ex Parte Attorney-General, Namibia: In Re: The Constitutional Relationship between the Attorney-General and the Prosecutor-General 1995 (8) BCLR 1070 (NmS) at 1078H. In light of the above statement, discuss the concepts of legislative sovereignty and constitutional supremacy, debating the limitations imposed on legislative sovereignty by the Namibian Constitution. Credit will be given for the citation of relevant cases. Instructions to students: You must demonstrate an understanding of: The concepts of legislative sovereignty and constitutional supremacy; The limitations imposed on legislative sovereignty by the Constitution; and Relevant case law to substantiate your discussions and arguments.
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